*Pages 1--2 from Microsoft Word - 29372* Federal Communications Commission DA 03- 2280 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203( a)( 2) of the Commission’s Rules ) ) ) ) ) ) CC Docket No. 96- 149 ORDER Adopted: July 11, 2003 Released: July 11, 2003 By the Chief, 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 the Verizon companies (Verizon) 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 August 5, 2002, Verizon filed a Petition for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53.203( a)( 2) of the Commission’s Rules (Verizon Petition). 2 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 3. The petition under review raises significant questions regarding whether forbearance from the prohibition of sharing operating, installation, and maintenance functions meets the statutory requirements set forth in section 10( a). The Bureau thus finds that a 90- day extension is warranted under section 10. 4. 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 Verizon shall be deemed granted, in the absence of a Commission 1 47 U. S. C. § 160( c). 2 Petition of Verizon for Forbearance from the Prohibition of Sharing Operating, Installation, and Maintenance Functions Under Section 53. 203( a)( 2) of the Commission’s Rules, CC Docket No. 96- 149 (filed Aug. 5, 2002). 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 (Com. Car. Bur. 1999). 1 Federal Communications Commission DA 03- 2280 2 denial of the petition for failure to meet the statutory standards for forbearance, is extended to November 3, 2003. FEDERAL COMMUNICATIONS COMMISSION William F. Maher, Jr. Chief, Wireline Competition Bureau 2