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 Federal  Communications  Commission  DA  02-  2516 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Review  of  Regulatory  Requirements  for  Incumbent  LEC  Broadband 
 Telecommunications  Services 


 )  ) 
 )  ) 
 )  CC  Docket  No.  01-  337 


 ORDER 
 Adopted:  October  3,  2002  Released:  October  3,  2002 
 By  the  Wireline  Competition  Bureau: 


 1.  In  this  Order,  pursuant  to  section  10(  c)  of  the  Communications  Act  of  1934,  as  amended  (the  Act),  1  we  extend  by  90  days  the  date  by  which  the  petition  requesting  forbearance 
 filed  by  SBC  Communications  Inc.  (SBC)  shall  be  deemed  granted  in  the  absence  of  a  Commission  decision  that  the  petition  fails  to  meet  the  standards  for  forbearance  under 
 section  10(  a)  of  the  Act. 
 2.  On  October  3,  2001,  SBC  filed  a  Petition  for  Expedited  Ruling  That  It  Is  Non-  Dominant  in  Its  Provision  of  Advanced  Services  and  for  Forbearance  from 


 Dominant  Carrier  Regulation  of  Those  Services  (SBC  Petition).  The  Commission  incorporated  this  petition  into  the  Notice  of  Proposed  Rulemaking  in  the  above-  captioned  proceeding  that 
 initiated  an  examination  of  the  appropriate  regulatory  requirements  for  the  provision  of  domestic  broadband  telecommunications  services  by  incumbent  local  exchange  carriers.  2 


 3.  Section  10(  c)  of  the  Act  states  that  a  petition  for  forbearance  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.  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  10(  a).  3 


 4.  The  petition  under  review  raises  significant  questions  regarding  whether 
 1  47  U.  S.  C.  §  160(  c). 
 2  Review  of  Regulatory  Requirements  for  Incumbent  LEC  Broadband  Telecommunications  Services,  CC  Docket 
 No.  01-  337,  Notice  of  Proposed  Rulemaking,  16  FCC  Rcd  22745  (2001)  (Incumbent  LEC  Broadband  Notice).  3 
 See,  e.  g.,  Petition  of  Ameritech  Corporation  for  Forbearance  from  Enforcement  of  Section  275(  a)  of  the  Communications  Act  of  1934,  As  Amended,  CC  Docket  No.  98-  65,  Order,  14  FCC  Rcd  6415  (Comm.  Car.  Bur. 


 1999). 
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 Federal  Communications  Commission  DA  02-  2516 
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 forbearance  from  dominant  carrier  regulation  of  SBC’s  provision  of  advance  services  meets  the  statutory  requirements  set  forth  in  section  10(  a).  The  Bureau  thus  finds  that  a  90-  day  extension 
 is  warranted  under  section  10. 
 5.  Accordingly,  IT  IS  ORDERED,  pursuant  to  section  10  of  the  Communications  Act  of  1934,  as  amended,  47  U.  S.  C.  §  160,  and  authority  delegated  under  sections  0.91  and  0.291 


 of  the  Commission's  rules,  47  C.  F.  R.  §§  0.91  and  0.291,  that  the  date  on  which  the  petition  seeking  forbearance  filed  by  SBC  Communications  Inc.  shall  be  deemed  granted  in  the  absence 
 of  a  Commission  denial  of  the  petition  for  failure  to  meet  the  statutory  standards  for  forbearance  is  extended  to  December  31,  2002. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Jeffrey  J.  Carlisle  Senior  Deputy  Bureau  Chief 
 Wireline  Competition  Bureau 
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