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Cybertelecom
Federal Internet Law & Policy
An Educational Project |
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Forbearance Petitions, Telecom Act Sec.
10
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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
forebearance; 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
forebearance 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.
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
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 Contact: Mark Wigfield at (202) 418-0253 , email: Mark.Wigfield@fcc.gov WCB. Contact Jonathan Reel at (202) 418-0637
< 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
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Comments
Due: March 8, 2007
Replies Due: March 23, 2007 |
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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 (202) 418-1580, e-mail: William.Kehoe@fcc.gov
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WC Docket No. 06-147
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Comments Due: September 13, 2006
Reply Comments Due: September 27, 2006
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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
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Express Your Views! Comments can be filed with the FCC's Electronic Comment Filing
System. FAQ: How to participate
in FCC Proceedings. |
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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.
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Public
Notice Aug 23, 2006
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| 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 (202) 418-1580, email:
William.Kehoe@fcc.gov or Heather Hendrickson at (202) 418-1580, email:
Heather.Hendrickson@fcc.gov
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 Forebearance 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 |
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WC Docket No. 06-125
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Comments
Due Aug 3 17
Replies Due Aug 18 31 |
Withdrawn Sept 2007
Refiled Sept 2007 |
Qwest &
AT&T Petition for Forebearance From Title II and Computer Inquiry
Rules with Respect to Broadband Services le
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Express Your Views! Comments can be filed with the FCC's Electronic Comment Filing
System. FAQ: How to participate
in FCC Proceedings. |
| 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 .
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- 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 (Oct. 12, 2007) Word | Acrobat
- FCC Grants AT&T Forbearance.
Order: Word | Acrobat
Martin Statement: Word | Acrobat
Copps & Adelstein Joint Statement: Word | Acrobat
Tate Statement: Word | Acrobat
McDowell Statement: Word | Acrobat
- PLEADING CYCLE ESTABLISHED FOR COMMENTS ON QWEST
PETITION FOR FORBEARANCE UNDER 47 U.S.C. SECTION
160(C) FROM TITLE II AND COMPUTER INQUIRY RULES WITH
RESPECT TO BROADBAND SERVICES, FCC, 9/18/2007
(DA No. 07-3923
). (Dkt No 06-125). Comments Due:
09/20/2007. WCB. Contact: Heather Hendrickson at (202)
418-1580, email: Heather.Hendrickson@fcc.gov or
William Kehoe at (202) 418-1580, email:
William.Kehoe@fcc.gov
- PETITION OF AT&T INC. FOR FORBEARANCE UNDER 47 U.S.C. SECTION 160(C) FROM TITLE II AND COMPUTER INQUIRY RULES WITH RESPECT TO BROADBAND SERVICES. Extended to October 11, 2007 the date on which AT&T's forbearance petition shall be deemed granted in the a, FCC 7/10/2007
- On June 13, 2006, and July 13, 2006, respectively, Qwest Corporation and Qwest Communications Corporation (jointly, Qwest), and AT&T Inc. (AT&T) filed petitions 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, Qwest asks the Commission to forbear from applying Title II and the Computer Inquiry rules to any broadband services Qwest does or may offer to the extent those services are not offered as part of an Internet access service. AT&T, in its petition, asks the Commission to forbear from applying Title II and the Computer Inquiry rules to non-time division multiplex (non-TDM) based broadband transmission services offered by AT&T and other Bell Operating Companies.
- Qwest Petition For Forbearance Under 47 U.S.C. Section 160(C) From Title Ii And Computer Inquiry Rules With Respect To Broadband Services, Et Al., FCC, 8/8/2006 Granted in part and denied in part the Motion for Extension of Time filed by COMPTEL, and the Motion for Consolidation and Extension of Time filed by Embarq. (Dkt No. 06-125). Action by: Chief, Competition Policy Division, Wireline Competition Bureau. Adopted: 07/28/2006 by ORDER. (DA No. 06-1544). WCB
- Qwest Petition for Forbearance Under 47 U.S.C. 160(C) From Title II And Computer Inquiry Rules With Respect To Broadband Services. In This Order, pursuant to section 10(c) of the Communications Act of 1934, as amended (the Act), we extend by 90 days the date by which the petition requesting forbearance, filed by Qwest Inc. (Qwest), shall be deemed granted. (Dkt No. 06-125). Action by: Associate Chief, Wireline Competition Bureau. Adopted: 06/08/2007 by ORDER. (DA No. 07-2399). WCB < http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2399A1.doc > < http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2399A1.pdf > < http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2399A1.txt >
- Billions of Reasons Not to Grant Forbearance, PK 10/31/2007
| Dkt
No 04-440 |
Comments Due: 02/08/2005
Replies Due: 03/10/2005
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| 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 (202)
418-1580; E-mail brad.Koerner@fcc.gov
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
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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 (202) 418-7295 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
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| WC 04-416 |
Comments Due: Jan. 5, 2005
Reply Due: Feb. 7, 2005 |
Withdrawn |
| Qwest Petition
for Forebearance |
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@fcc.gov,
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
|