*Pages 1--2 from  Microsoft Word - 46132.doc*
 Federal  Communications  Commission  DA  05-  395  // 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Qwest  Corporation’s  Petition  for  Forbearance  in  the  Omaha  Metropolitan  Statistical  Area 
 )  ) 
 )  ) 
 )  ) 
 WC  Docket  No.  04-  223 


 ORDER 
 Adopted:  February  11,  2005  Released:  February  11,  2005 
 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 
 Corporation  (“  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  June  21,  2004,  Qwest  filed  a  petition  pursuant  to  section  10  of  the  Act  requesting  that  the  Commission  forbear  from  applying  the  requirements  of  section  251(  c)  as  well  as  sections 
 271(  c)(  2)(  B)(  i-  vi)  and  (xiv)  to  its  provision  of  telecommunications  services  in  the  Omaha,  Nebraska  Metropolitan  Statistical  Area  (MSA).  3  Furthermore,  Qwest  requests  that  the  Commission  forbear  from 
 regulating  Qwest  as  a  dominant  carrier  and  as  the  incumbent  local  exchange  carrier  (LEC)  in  the  Omaha  MSA.  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 
 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.  Qwest’s  forbearance  petition  raises  significant  questions  regarding  whether  forbearance  from  applying  the  requirements  of  section  251(  c)  and  sections  271(  c)(  2)(  B)(  i-  vi)  and  (xiv),  and  from 
 applying  regulation  applicable  to  dominant  carriers  and  incumbent  LECs,  regarding  Qwest’s  provision  of  telecommunications  services  in  the  Omaha  MSA  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). 


 1  47  U.  S.  C.  §  160(  c). 
 2  47  U.  S.  C.  §  160(  a). 
 3  Qwest  Corporation  Petition  for  Forbearance  Pursuant  to  47  U.  S.  C.  §  160(  c),  WC  Docket  No.  04-  223  (filed  June 
 21,  2004)  (“  Qwest  Petition”  or  “Petition”).  4 
 See  Qwest  Petition  at  1.  5 
 47  U.  S.  C.  §  160(  c).  6 
 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  05-  395 
 2 
 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  denial  of  the  petition  for  failure  to  meet 
 the  statutory  standards  for  forbearance,  is  extended  to  September  16,  2005. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Jeffrey  J.  Carlisle  Chief,  Wireline  Competition  Bureau 
2