*Pages 1--2 from  Microsoft Word - 39454*
 Federal  Communications  Commission  DA  04-  1765 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Verizon  Telephone  Companies  Petition  for  Forbearance  From  the 
 Current  Pricing  Rules  for  the  Unbundled  Network  Element  Platform 


 Joint  Petition  for  Forbearance  From  the  Current  Pricing  Rules  for  the 
 Unbundled  Network  Element  Platform 


 )  ) 
 )  ) 
 )  ) 
 )  ) 
 )  ) 
 ) 


 WC  Docket  No.  03-  157 
 WC  Docket  No.  03-  189 
 ORDER 
 Adopted:  June  22,  2004  Released:  June  23,  2004 
 By  the  Senior  Deputy  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  (1)  extend  by  90  days  the  date  by  which  the  petition  requesting  forbearance  filed  by  the 
 Verizon  Telephone  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,  and  (2)  extend  by 
 90  days  the  date  by  which  the  petition  requesting  forbearance  filed  jointly  by  Qwest  Corporation,  BellSouth  Telecommunications,  Inc.,  and  SBC  Communications  Inc.  (collectively,  Joint  Petitioners)  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 


 2.  On  July  1,  2003,  Verizon  filed  a  petition  for  expedited  forbearance  requesting  that  the  Commission  “forbear  from  its  decision  permitting  UNE-  P  carriers  to  collect  per-  minute  access  charges 
 from  long  distance  carriers  .  .  .  and  .  .  .  forbear  from  applying  its  current  [total  element  long-  run  incremental  cost]  TELRIC  pricing  rules  to  the  .  .  .  UNE  platform.”  3  On  July  31,  2003,  the  Joint 
 Petitioners  filed  a  petition  for  expedited  forbearance  seeking  “exactly  the  same  relief  requested  in  the  Verizon  Petition.”  4  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 


 1  47  U.  S.  C.  §  160(  c). 
 2  See  47  U.  S.  C.  §  160(  a). 
 3  Verizon  Telephone  Companies  Petition  for  Forbearance  From  the  Current  Pricing  Rules  for  the  Unbundled 
 Network  Element  Platform,  WC  Docket  No.  03-  157,  Petition  for  Expedited  Forbearance  of  the  Verizon  Telephone  Companies  at  1  (filed  July  1,  2003)  (Verizon  Petition). 


 4  Joint  Petition  for  Forbearance  From  the  Current  Pricing  Rules  for  the  Unbundled  Network  Element  Platform,  WC 
 Docket  No.  03-  189,  Joint  Petition  of  Qwest  Corporation,  BellSouth  Telecommunications,  Inc.  and  SBC  Communications  Inc.  for  Expedited  Forbearance  at  2  (filed  July  31,  2003)  (Joint  Petition). 
1
 Federal  Communications  Commission  DA  04-  1765 
 2 
 the  Commission.  5  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).  6 
 3.  The  petitions  under  review  raises  significant  questions  regarding  whether  forbearance  from  the  Commission’s  decisions  to  permit  UNE  platform  carriers  to  collect  per-  minute  access  charges  or 
 to  apply  TELRIC  pricing  to  the  UNE  platform  meet  the  statutory  requirements  set  forth  in  section  10(  a).  The  Bureau  thus  finds  that  a  90-  day  extension  is  warranted  under  section  10(  c). 


 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,  0.291,  that  the  date  on  which  the  petition  seeking  forbearance  filed  by  Verizon  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  September  28,  2004. 
 5.  IT  IS  FURTHER  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,  0.291,  that  the  date  on  which  the  petition  seeking  forbearance  filed  by  the  Joint  Petitioners  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  October  28,  2004. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Jeffrey  Carlisle  Senior  Deputy  Chief,  Wireline  Competition  Bureau 


 5  47  U.  S.  C.  §  160(  c). 
 6  Id.  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). 
2