Cybertelecom
Cybertelecom
Federal Internet Law & Policy
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Forbearance Petitions, Telecom Act Sec. 10

Proceedings:
-Cablevision
-Embarq
-Bell South
-AT&T / Qwest
-SBC IP Enabled Service
-Verizon
-Bell South
-Qwest

- Broadband
- Sec. 706
- Stimulus Plan
- Natl BB Map
- FCC Natl BB Plan
- Dial Up
- DSL
- - Naked DSL
- - UNE
- - Net over Wireline (Info Service)
- Cable
- - Open Access
- Fiber
- Wireless
- - 3G
- - Wifi
- - WiMax
- - 700 Mhz
- Powerline
- Satellite
- Muni Broadband
- Telecom Services
- Computer Inquiries
- Network Neutrality
- Consumer Protection
- Forbearance
- Backbones
- - ICAIS
- Layers
- Interconnection
- - Negotiation
- Reciprocal Comp
- Mergers
- Federal Advisory Committees
- FCC
- Universal Service
- Statistics: Broadband

Sec. 10 of the Telecommunications Act of 1996 empowers the FCC to forbear from enforcing certain title II regulations when the FCC determines that sufficient competition exists. Sec. 10 does not enable the FCC to forebear from all title II regulations. Companies can file petitions for forbearance; these are one of the few FCC proceedings where the FCC must act within a time specific - or the petition will be deemed granted - which is what happened when Verizon petitioned for forbearance from title II rules and the Computer Inquiries from broadband services - the FCC time period to act lapsed and therefore the petition was deemed granted by act of law.

Proceeding
Status
Verizon
Granted
AT&T
Granted
Bell South (AT&T)
Granted
Cablevision
Embarq
Qwest
Granted
SBC
Denied
Level3
Withdrawn
47 USC s 160

(a) Regulatory flexibility

Notwithstanding section 332 (c)(1)(A) of this title, the Commission shall forbear from applying any regulation or any provision of this chapter to a telecommunications carrier or telecommunications service, or class of telecommunications carriers or telecommunications services, in any or some of its or their geographic markets, if the Commission determines that—

(1) enforcement of such regulation or provision is not necessary to ensure that the charges, practices, classifications, or regulations by, for, or in connection with that telecommunications carrier or telecommunications service are just and reasonable and are not unjustly or unreasonably discriminatory;

(2) enforcement of such regulation or provision is not necessary for the protection of consumers; and

(3) forbearance from applying such provision or regulation is consistent with the public interest.

(b) Competitive effect to be weighed

In making the determination under subsection (a)(3) of this section, the Commission shall consider whether forbearance from enforcing the provision or regulation will promote competitive market conditions, including the extent to which such forbearance will enhance competition among providers of telecommunications services. If the Commission determines that such forbearance will promote competition among providers of telecommunications services, that determination may be the basis for a Commission finding that forbearance is in the public interest.

(c) Petition for forbearance

Any telecommunications carrier, or class of telecommunications carriers, may submit a petition to the Commission requesting that the Commission exercise the authority granted under this section with respect to that carrier or those carriers, or any service offered by that carrier or carriers. Any such petition shall be deemed granted if the Commission does not deny the petition for failure to meet the requirements for forbearance under subsection (a) of this section within one year after the Commission receives it, unless the one-year period is extended by the Commission. The Commission may extend the initial one-year period by an additional 90 days if the Commission finds that an extension is necessary to meet the requirements of subsection (a) of this section. The Commission may grant or deny a petition in whole or in part and shall explain its decision in writing.

(d) Limitation

Except as provided in section 251 (f) of this title, the Commission may not forbear from applying the requirements of section 251 (c) or 271 of this title under subsection (a) of this section until it determines that those requirements have been fully implemented.

(e) State enforcement after Commission forbearance

A State commission may not continue to apply or enforce any provision of this chapter that the Commission has determined to forbear from applying under subsection (a) of this section.

Proceedings

Docket No.: 07-267 FCC Examining Forbearance Petition Review Process Comments Due FR + 30
Replies Due FR + 45
How to file comments :: File Comments with FCC Electronic Comment File System

The Federal Communications Commission is examining whether there is a need for new procedures governing its review of petitions requesting forbearance from regulation. Under the Telecommunications Act of 1996 , the Commission is required to forbear from any statutory provision or regulation if it determines that the regulation is not needed to protect consumers or to ensure just and reasonable rates and practices by carriers. In addition, the Commission must determine whether forbearance will promote competitive markets and is in the public interest. Unless the Commission responds to petitions for forbearance within one year - a deadline which can be extended by 90 days - the relief sought is deemed granted by operation of law.

The Notice of Proposed Rulemaking , or NPRM, adopted by the Commission today, addresses a petition filed by a group of competitive wireline carriers who argue for adoption of certain procedural rules. The NPRM seeks comment on a number of proposed rules that the petitioners claim would help the Commission evaluate forbearance petitions, including:

•  Whether new rules should govern the format and content of forbearance petitions

•  Whether new notice and comment rules, such as default comment periods and time limits on ex parte filings , should be adopted

•  Whether other rules would facilitate the participation of state commissions, as well as other parties, in forbearance proceedings

The NPRM also seeks comment on whether forbearance is an effective means for the Commission to make changes to its regulations.

Action by the Commission, November 27, 2007, by Notice of Proposed Rulemaking (FCC 07-202). Chairman Martin, Commissioners Copps, Adelstein, Tate, and McDowell. Separate statements issued by Commissioners Copps, Adelstein, Tate, and McDowell.

FCC EXAMINING FORBEARANCE PETITION REVIEW PROCESS. News Release. (Dkt No 07-267). News Media WCB. Contact Jonathan Reel at 0637
< http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278395A1.doc >
< http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278395A1.pdf >
< http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278395A1.txt >

PETITION TO ESTABLISH PROCEDURAL REQUIREMENTS TO GOVERN PROCEEDINGS FOR FORBEARANCE UNDER SECTION 10 OF THE COMMUNICATIONS ACT TO 1934, AS AMENDED. FCC Examining Forbearance Petition Review Process. (Dkt No. 07-267). Action by: the Commission. Adopted: 11/27/2007 by NPRM. (FCC No. 07-202). WCB <http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A2.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A3.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A4.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A5.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A2.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A3.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A4.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A5.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A1.txt>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A2.txt>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A3.txt>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A4.txt>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-202A5.txt>

WC Docket 07-12
Comments Due: March 8, 2007
Replies Due:  March 23, 2007

Cablevision Lightpath Petition for Forbearance under 47 USC 160(c) from Title II and Applicable Computer Inquiry Rules with Respect to its Broadband Services

On January 16, 2007, Cablevision Lightpath, Inc. (Lightpath), filed a petition for forbearance pursuant to section 10(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. § 160(c).  In its petition, Lightpath asks the Commission to forbear from applying Title II requirements and applicable Computer Inquiry rules to broadband services offered by Lightpath.  Lightpath states that grant of forbearance is in the public interest because it would continue to foster the development of broadband services and provide consumers truly competitive choices in the marketplace.

Express Your Views!  Comments can be filed with the FCC's Electronic Comment Filing System.  FAQ: How to participate in FCC Proceedings.

Released: 02/06/2007. [PDF] PLEADING CYCLE ESTABLISHED FOR COMMENTS ON CABLEVISION LIGHTPATH, INC. PETITION FOR FORBEARANCE UNDER 47 U.S.C. SECTION 160(C) FROM TITLE II AND APPLICABLE COMPUTER INQUIRY RULES WITH RESPECT TO ITS BROADBAND SERVICES. (DA No. 07-365). (Dkt No 07-12).
Comments Due: 03/08/2007. Reply Comments Due: 03/23/2007. WCB. Contact: William Kehoe at 1580, e-mail:  William.Kehoe



WC Docket No. 06-147

Comments Due: September 13, 2006
Reply Comments Due: September 27, 2006

Pleading Cycle Established For Comments On The Frontier And Citizens Communications Incumbent Local Exchange Telephone Carriers Petition For Forbearance Under 47 U.S.C. § 160(C) From Title Ii And Computer Inquiry Rules With Respect To Their Broadband Services

Express Your Views!  Comments can be filed with the FCC's Electronic Comment Filing System.  FAQ: How to participate in FCC Proceedings.

On August 4, 2006, the Frontier and Citizens Communications Incumbent Local Exchange Telephone Carriers (Frontier), filed a petition for forbearance pursuant to section 10(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. § 160(c). In its petition, Frontier asks the Commission to forbear from applying Title II and Computer Inquiry rules to certain broadband services offered by Frontier and similarly situated carriers.

For administrative efficiency, we consolidate Frontier’s petition into WC Docket No. 06-147, which is the same docket for the Embarq Local Operating Companies (Embarq) petition seeking similar relief. Therefore, commenters need not duplicate arguments previously filed in this docket and we urge commenters to focus their comments solely on issues unique to Frontier’s petition.

Public Notice Aug 23, 2006

 

Dkt No 06-147 Comments Due: 08/17/2006. Reply Comments Due: 08/31/2006. Comment
EMBARQ Petition for Forbearance Express Your Views!  Comments can be filed with the FCC's Electronic Comment Filing System.  FAQ: How to participate in FCC Proceedings.
Released: 07/28/2006. PLEADING CYCLE ESTABLISHED FOR COMMENTS ON EMBARQ LOCAL OPERATING COMPANIES' PETITION FOR FORBEARANCE UNDER 47 U.S.C. SECTION 160(C) FROM APPLICATION OF COMPUTER INQUIRY AND CERTAIN TITLE II COMMON CARRIAGE REQUIREMENTS. (DA No. 06-1545). ). WCB. Contact: William Kehoe at 1580, email: William.Kehoe or Heather Hendrickson at 1580, email: Heather.Hendrickson  DA-06-1545A1.doc  DA-06-1545A1.pdf  DA-06-1545A1.txt

Primary Documents

WC Dkt 06-125 Comments Due Aug 3
Replies Due Aug 18
BellSouth Petition for Forbearance From Title II and Computer Inquiry Rules with Respect to Broadband Services Express Your Views!  Comments can be filed with the FCC's Electronic Comment Filing System.  FAQ: How to participate in FCC Proceedings.
"On July 20, 2006, BellSouth Corporation (BellSouth) filed a petition for forbearance pursuant to section 10(c) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. § 160(c). In its petition, BellSouth asks the Commission to grant BellSouth and similarly situated carriers forbearance from Title II and the Computer Inquiry rules to certain specified broadband services. "

Public Notice July 21, 2006

See AT&T Petition

WC Docket No. 06-125

Comments Due Aug 3 17
Replies Due Aug 18 31

Withdrawn Sept 2007
Refiled Sept 2007
Granted Aug 2008

Qwest & AT&T Petition for Forbearance From Title II and Computer Inquiry Rules with Respect to Broadband Services le

Petition of AT&T Inc. for Forbearance Under 47 U.S.C. § 160(c) from Title II and Computer Inquiry Rules with Respect to Its Broadband Services, Memorandum Opinion And Order, WC Docket No. 06-125, para 1-2 (Oct. 12, 2007) Word | Acrobat

In this Order, we address petitions filed by AT&T and Legacy BellSouth (jointly AT&T), requesting that the Commission forbear , pursuant to section 10 of the Communications Act of 1934, as amended (Communications Act or Act), from applying Title II of the Act and the Computer Inquiry rules to certain broadband services. Verizon 's forbearance petition was "deemed granted" on March 19, 2006. AT&T seeks relief comparable to the relief granted Verizon through that deemed grant. For the reasons set forth below, we grant substantial forbearance relief to AT&T with regard to its existing packet-switched broadband telecommunications services and its existing optical transmission services. We also relieve AT&T of its obligations under the Computer Inquiry rules in connection with these services, conditioned on its compliance with the Computer Inquiry obligations that apply to all non-incumbent local exchange carrier (LEC), facilities-based wireline carriers.

In all other respects, AT&T's requests for forbearance are denied. In particular, we do not forbear from any statutory or regulatory requirement that applies to common carriers or LECs generally regardless of whether they are incumbents or competing carriers. Nor do we forbear, except as stated above with regard to the Computer Inquiry rules, from any statutory or regulatory requirements that apply to AT&T in its capacities as an incumbent LEC or a Bell Operating Company (BOC), or to AT&T's affiliate, Southern New England Telephone Company (SNET), in its capacity as an independent incumbent LEC. In addition, AT&T must continue to meet its public policy obligations under Title II and the Commission's implementing rules with respect to the services at issue. This preserves important public policies related to 911, emergency preparedness , customer privacy , and universal service in connection with the broadband services for which we grant relief. The limited forbearance relief granted herein does not affect in any way the full force and effect of the merger conditions adopted in the AT&T/BellSouth Order .

Dkt No 04-440

Comments Due: 02/08/2005
Replies Due: 03/10/2005

Verizon Petition for Forbearance Express Your Views!  Comments can be filed with the FCC's Electronic Comment Filing System.  FAQ: How to participate in FCC Proceedings.

The Verizon telephone companies (Verizon) filed a petition for forbearance from Title II of the Communications Act of 1934, as amended, and the Commission's Computer Inquiry rules on December 20, 2004. On December 19, 2005, the Commission extended the forbearance deadline to March 19, 2006. Verizon amended its petition on February 7 and February 17th, 2006. Section 10(c) provides that a forbearance petition “shall be deemed granted if the Commission does not deny the petition for failure to meet the requirements for forbearance under subsection (a) within one year after the Commission receives it, unless the one year period is extended by the Commission.” This is to inform the public that, pursuant to section 10(c), the relief requested in Verizon’s petition was deemed granted by operation of law, effective March 19, 2006.

WCB. Contact: Brad Koerner at 1580; E-mail brad.Koerner

90 Day extension

Public Notice

Verizon Telephone Companies' Petition for Forbearance from Title II and Computer Inquiry Rules with Respect to their Broadband Services Is Granted by Operation of Law.
News Release: Word | Acrobat
Joint Statement Martin & Tate: Word | Acrobat
Copps Statement: Word | Acrobat
Adelstein Statement: Word | Acrobat

Released: 07/30/2007. WIRELINE COMPETITION BUREAU SEEKS COMMENT ON THE MOTION OF COVAD COMMUNICATIONS GROUP, NUVOX COMMUNICATIONS, INC., AND XO COMMUNICATIONS, LLC FOR EXPEDITED ORDER ON VERIZON PETITION FOR FORBEARANCE. (DA No. 07-3473). (Dkt No 04-440) PLEADING CYCLE ESTABLISHED. Comments Due: 08/13/2007. Reply Comments Due: 08/17/2007. WCB. Contact: Heather Hendrickson at 7295  DA-07-3473A1.doc   DA-07-3473A1.pdf   DA-07-3473A1.txt

PETITION OF THE VERIZON TELEPHONE COMPANIES FOR FORBEARANCE UNDER 47 U.S.C. SECTION 160(C) FROM TITLE II AND COMPUTER INQUIRY RULES WITH RESPECT TO THEIR BROADBAND SERVICES. Issued a Protective Order in this proceeding. (Dkt No. 04-440). Action by: Chief, Wireline Competition Bureau. Adopted: 02/07/2006 by Protective Order. (DA No. 06-300). WCB <http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-300A1.doc> <http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-300A1.pdf> <http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-300A1.txt>

 

WC Docket No. 04-405 Comments Due: December 20, 2004
Reply Comments Due: January 19, 2005
BellSouth Petition for Forbearance From Title II and Computer Inquires for Incumbent Broadband Express Your Views!  Comments can be filed with the FCC's Electronic Comment Filing System.  FAQ: How to participate in FCC Proceedings.
"On October 27, 2004, BellSouth Telecommunications, Inc. (BellSouth) filed a petition for forbearance from Title II common carriage requirements that apply to incumbent LEC broadband transmission. Further, BellSouth seeks forbearance from the Computer Inquiry rules to the extent they require incumbent LECs to tariff and offer the transport component of their broadband services on a stand-alone basis and to take service under those same terms and conditions. BellSouth argues that these rules are unnecessary, because the market for broadband transmission is competitive, and impose costs that inhibit innovation and deployment of broadband. In addition, BellSouth argues that these rules are not imposed on other providers of broadband transmission.

This public notice establishes certain procedural requirements relating to consideration of BellSouth’s petition. This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules, 47 C.F.R. §§ 1.1200, 1.1206. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented generally is required. See 47 C.F.R. § 1.1206(b). Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in section 1.1206(b) of the Commission’s rules, 47 C.F.R. § 1.1206(b)."

See also Internet over DSL Proceeding

Public Notice Nov. 4, 2004

 

 

WC 04-416

Comments Due: Jan. 5, 2005
Reply Due: Feb. 7, 2005

Withdrawn
Qwest Petition for Forbearance Express Your Views!  Comments can be filed with the FCC's Electronic Comment Filing System.  FAQ: How to participate in FCC Proceedings.

"On November 10, 2004, Qwest Corporation (Qwest) filed a petition for forbearance, pursuant to 47 U.S.C. § 160(c), pertaining to xDSL services. In its petition, Qwest seeks forbearance from dominant carrier tariff regulation, rate averaging requirements, and resale at an avoided-cost discount, for Qwest’s mass-market xDSL services. Qwest argues that the Commission has not taken the same deregulatory position toward incumbent LEC xDSL as it has toward cable modem service. As a result, only incumbent LECs – not cable companies and not competitive LECs – must comply with the full suite of Title II and common carrier regulations. Qwest identifies two pending proceedings that could potentially deregulate ILEC xDSL services, as well as a forbearance petition filed by BellSouth Telecommunications, Inc. Qwest intends its petition for forbearance, however, to focus attention on the narrow pricing areas identified, which Qwest argues require expedited relief.

"This public notice establishes certain procedural requirements relating to consideration of Qwest’s petition. This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules, 47 C.F.R. §§ 1.1200, 1.1206. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented generally is required. See 47 C.F.R. § 1.1206(b). Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in section 1.1206(b) of the Commission’s rules, 47 C.F.R. § 1.1206(b).

"Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 C.F.R. §§ 1.415, 1.419, interested parties may file comments on Qwest’s petition on or before January 3, 2005, and reply comments on or before February 2, 2005. All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12 th Street, SW, Suite TW-A325, Washington, DC 20554. One courtesy copy must be delivered to Janice M. Myles at the Federal Communications Commission, Wireline Competition Bureau, Competition Policy Division, 445 12 th Street, SW, Suite 5-C140, Washington, DC 20554, or via e-mail, janice.myles, and one copy must be sent to Best Copy and Printing, Inc., Portals II, 445 12 th Street, SW, Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160, or via e-mail, fcc@bcpiweb.com.

Public Notice

 

News