*Pages 1--2 from  Microsoft Word - 44528.doc*
 Federal  Communications  Commission  DA  04-  3844 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Petition  of  SBC  Communications  Inc.  for  Forbearance  from  the  Application  of  Title  II 
 Common  Carrier  Regulation  to  IP  Platform  Services 


 )  ) 
 )  ) 
 )  ) 
 WC  Docket  No.  04-  29 


 ORDER 
 Adopted:  December  7,  2004  Released:  December  7,  2004 
 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  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 


 2.  On  February  5,  2004,  SBC  filed  a  Petition  for  Forbearance  from  the  Application  of  Title  II  Common  Carrier  Regulation  to  IP  Platform  Services  (SBC  Petition).  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).  4 
 3.  The  petition  under  review  raises  significant  questions  regarding  whether  forbearance  from  application  of  Title  II  common  carrier  regulation  to  IP  platform  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. 
 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  SBC  shall 


 1  47  U.  S.  C.  §  160(  c). 
 2  47  U.  S.  C.  §  160(  a). 
 3  Petition  of  SBC  Communications  Inc.  for  Forbearance  from  the  Application  of  Title  II  Common  Carrier 
 Regulation  to  IP  Platform  Services,  WC  Docket  No.  04-  29  (filed  Feb.  5,  2004).  4 
 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  04-  3844 
 2 
 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  May  5,  2005. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 Jeffrey  J.  Carlisle  Chief,  Wireline  Competition  Bureau 
2