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 Federal  Communications  Commission  DA  04-  3845  // 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Qwest  Communications  International  Inc.  ’s  Petition  for  Forbearance  Under  47  U.  S.  C.  §  160(  c) 
 from  Application  of  Section  271 


 )  ) 
 )  ) 
 )  )  WC  Docket  No.  03-  260 


 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  Qwest 
 Communications  International  Inc.  (Qwest)  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  December  18,  2003,  Qwest  filed  a  petition  requesting  that  the  Commission  forbear  from  applying  the  requirements  of  section  271(  c)(  2)(  B)  3  to  the  extent,  if  any,  that  those  provisions  impose 
 unbundling  obligations  on  Qwest  that  this  Commission  has  determined  should  not  be  imposed  on  incumbent  local  exchange  carriers  pursuant  to  section  251(  c)(  3).  4  On  October  27,  2004,  the  Commission  released  an 
 order  granting  Qwest’s  petition  to  the  extent  that  it  requested  forbearance  with  respect  to  broadband  network  elements,  specifically  fiber-  to-  the-  home  loops,  fiber-  to-  the-  curb  loops,  the  packetized 
 functionality  of  hybrid  loops,  and  packet  switching.  5  Qwest’s  petition  remains  pending  to  the  extent  that  it  requests  forbearance  from  the  requirements  of  section  271(  c)(  2)(  B)  with  respect  to  other  network 
 elements.  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  47  U.  S.  C.  §  160(  a). 
 3  47  U.  S.  C.  §  271(  c)(  2)(  B). 
 4  Qwest  Communications  International  Inc.  ’s  Petition  for  Forbearance  Under  47  U.  S.  C.  §  160(  c),  WC  Docket  No. 
 03-  260  (filed  Dec.  18,  2003).  5 
 Petition  for  Forbearance  of  the  Verizon  Telephone  Companies  Pursuant  to  47  U.  S.  C.§  160(  c),  WC  Docket  No.  01-  338,  SBC  Communications  Inc.  ’s  Petition  for  Forbearance  Under  47  U.  S.  C.§  160(  c),  WC  Docket  No.  03-  235, 


 Qwest  Communications  International  Inc.  Petition  for  Forbearance  Under  47  U.  S.  C.§  160(  c),  WC  Docket  No.  03-  260,  BellSouth  Telecommunications,  Inc.  Petition  for  Forbearance  Under  47  U.  S.  C.§  160(  c),  WC  Docket  No.  04- 
 48,  Memorandum  Opinion  and  Order,  FCC  04-  254  (rel.  Oct.  27,  2004). 
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 the  Commission.  6  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).  7 
 3.  The  portion  of  the  petition  still  under  review  raises  significant  questions  regarding  whether  forbearance  from  applying  section  271  to  network  elements  that  need  not  be  unbundled  under  section 
 251(  c)(  3)  meets  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  and  0.291,  that  the  date  on  which  the  petition  seeking  forbearance  filed  by  Qwest  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  March  17,  2005. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Jeffrey  J.  Carlisle  Chief,  Wireline  Competition  Bureau 


 6  47  U.  S.  C.  §  160(  c). 
 7  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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