******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Fanch Cablevision of Colorado, L.P. ) and ) P.A. No. 97-003 Joshua Cablevision, Inc., ) Petitioners ) v. ) ) Public Service Company of Colorado, ) Respondent ) ORDER Adopted: May 7, 1997 Released: May 8, 1997 By the Chief, Cable Services Bureau: 1. In this Order, we address a Motion for Extension of Time to File Answer filed by Public Service Company of Colorado ("Respondent") on May 5, 1997. The Respondent's lead counsel moves for an extension of time to May 19, 1997 within which to file its Answer in this proceeding. Fanch Cablevision and Joshua Cablevision ("Petitioners") oppose this Motion. As discussed below, we grant the Motion. 2. Pursuant to Section 1.46(c) of the Commission's rules concerning extensions of time, Respondent requests that we extend the deadline for filing its Answer in this proceeding from May 5, 1997 to May 19, 1997. Respondent asserts that good cause exists for granting the requested extension because of an illness and subsequent death in the family of the lead counsel for Public Service Company of Colorado. Respondent submits that while counsel for Petitioners have granted a limited extension of time, in light of the lead counsel's duties to his family, a two week extension is needed. 3. Petitioners, through their counsel, oppose this motion stating, inter alia, that Respondent's lead counsel did not indicate prior to May 5, 1997, that he needed additional time to respond to the Complaint and that Respondent has other counsel that could facilitate the filing of the Answer. Petitioners also assert that the requested two week extension of time would have been immediately granted were it not for the urgent need for Commission action with regard to its stay petition and pole attachment complaint. 4. Although it is the policy of the Commission that extensions of time shall not be routinely granted, we believe that the facts in this proceeding warrant granting Respondent's request. The Commission has considered a death in the family a valid reason for granting an extension of time. The limited extension of time does not, and will not, substantially impair the Petitioners' rights. Moreover, an accurate and complete Answer that the extension will afford, can only lead to a better informed decision by the Commission in all respects. 5. Accordingly, IT IS ORDERED, pursuant to Section 1.46 of the Commission's rules, 47 C.F.R. Section 1.46, that the Motion for an Extension of Time to file an Answer filed by Public Service Company of Colorado, IS GRANTED. 6. This action is taken pursuant to delegated authority under Section 0.321 of the Commission's Rules, 47 C.F.R Section 0.321. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau