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 Federal  Communications  Commission  DA  04-  3217 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Petition  of  BellSouth  Telecommunications,  Inc.  for  Forbearance  Under  47  U.  S.  C.  §  160(  c) 
 From  Application  of  Sections  251(  c)(  3),  (4),  and  (6)  in  New-  Build,  Multi-  Premises 
 Developments 


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 WC  Docket  No.  03-  220 


 ORDER 
 Adopted:  October  7,  2004  Released:  October  7,  2004 
 By  the  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  extend  by  90  days  the  date  by  which  the  petition  requesting  forbearance 
 filed  by  BellSouth  Telecommunications,  Inc.  (BellSouth)  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  8,  2003,  BellSouth  filed  a  petition  requesting  that  the  Commission  forbear  from  applying  sections  251(  c)(  3),  (4),  and  (6)  to  the  BellSouth  facilities  used  to  serve 


 New-  Build,  Multi-  Premise  Developments,  and  to  the  services  provided  over  such  facilities  to  end  users  located  in  such  developments.  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  applying  sections  251(  c)(  3),  (4),  and  (6)  to  the  BellSouth  facilities  used 


 exclusively  to  serve  New-  Build,  Multi-  Premise  Developments  meets  the  statutory  requirements  set  forth  in  section  10(  a).  The  Bureau  thus  finds  that  a  90-  day  extension  is  warranted  under 
 section  10. 


 1  47  U.  S.  C.  §  160(  c). 
 2  Bellsouth’s  Petition  for  Forbearance  Under  47  U.  S.  C.  160(  c)  in  New-  Build,  Multi-  Premise  Developments,  WC 
 Docket  No.  03-  220  (filed  Oct.  8,  2003).  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). 
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 Federal  Communications  Commission  DA  04-  3217 
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 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  BellSouth  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  January  5,  2005. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Michelle  M.  Carey  Deputy  Chief,  Wireline  Competition  Bureau 
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