*Pages 1--2 from  Microsoft Word - 46259.doc*
 Federal  Communications  Commission  DA  05-  441  // 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 TracFone  Wireless,  Inc.  ’s  Petition  for  Forbearance  from  47  U.  S.  C.  §  214(  e)(  1)(  A)  and 
 47  C.  F.  R.  §  54.  201(  i) 
 Federal-  State  Joint  Board  on  Universal  Service 


 )  ) 
 )  ) 
 )  ) 
 ) 


 CC  Docket  No.  96-  45 


 ORDER 
 Adopted:  February  17,  2005  Released:  February  17,  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  TracFone 
 Wireless,  Inc.  (TracFone)  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  8,  2004,  TracFone  filed  a  petition  requesting  that  the  Commission  forbear  from  applying  the  requirements  of  47  U.  S.  C.  §  214(  e)(  1)(  A)  and  47  C.  F.  R.  §  54.201(  i)  to  the  extent  that  those 
 provisions  require  a  common  carrier  designated  as  an  eligible  telecommunications  carrier  shall  offer  services  supported  by  the  Federal  universal  service  support  mechanisms  using  either  its  own  facilities  or  a 
 combination  of  its  own  facilities  and  another  carrier’s  services.  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.  4  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).  5 


 3.  TracFone’s  petition  raises  significant  questions  regarding  whether  forbearance  from  applying  section  214  of  the  Act  and  section  54.201  of  our  rules  meets  the  statutory  requirements  set  forth 
 in  section  10(  a)  of  the  Act.  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  TracFone  Wireless,  Inc.  ’s  Petition  for  Forbearance  from  47  U.  S.  C.  §  214(  e)(  1)(  A)  and  47  C.  F.  R. 
 §54.201(  i),  WC  Docket  No.  96-  45  (filed  June  8,  2004).  4 
 47  U.  S.  C.  §  160(  c).  5 
 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-  441 
 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  TracFone  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  6,  2005. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Jeffrey  J.  Carlisle  Chief,  Wireline  Competition  Bureau 
2