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 Federal  Communications  Commission  DA  06-  1240 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Fones4All  Corp.  Petition  for  Expedited  Forbearance  Under  47  U.  S.  C.  §  160(  c)  and  Section 
 1.53  from  Application  of  Rule  51.319(  d)  to  Competitive  Local  Exchange  Carriers  Using 
 Unbundled  Local  Switching  to  Provide  Single  Line  Residential  Service  to  End  Users  Eligible  for  State 
 or  Federal  Lifeline  Service 


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 WC  Docket  No.  05-  261 


 ORDER 
 Adopted:  June  8,  2006  Released:  June  8,  2006 
 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  Fones4All 
 Corporation  (Fones4All  or  Petitioner)  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  July  1,  2005,  Fones4All  filed  a  petition  for  forbearance  pursuant  to  section  10(  c)  the  Act.  3  Fones4All  seeks  forbearance  from  section  51.319(  d)  of  the  Commission’s  rules,  47  C.  F.  R.  §  51.319(  d),  as 
 it  applies  to  competitive  local  exchange  carriers  that  use  unbundled  local  switching  to  provide  service  to  residential  customers  eligible  for  federal  or  state  Lifeline  services.  4  Fones4All’s  petition  raises  significant 
 questions  regarding  whether  forbearance  from  applying  the  relevant  network  unbundling  rules  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). 
 3.  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 


 1  47  U.  S.  C.  §  160(  c). 
 2  47  U.  S.  C.  §  160(  a).  The  pending  petition  for  forbearance  filed  by  XO  Communications,  Inc.,  et  al.  raises  complex 
 issues  similar  to  those  raised  in  the  instant  proceeding.  See  Petition  for  Forbearance  Under  47  U.  S.  C.  §  160(  c)  from  Application  of  Unbundling  Rules  that  Limit  Competitive  Alternatives,  WC  Docket  No.  05-  170,  Order,  DA  06-  475 


 (WCB  rel.  Feb.  27,  2006)  (extending  the  deadline  by  90  days).  3 
 Fones4All  Corp.  Petition  for  Expedited  Forbearance  Under  47  U.  S.  C.  §  160(  c)  from  Application  of  Rule  51.  319(  d)  to  Competitive  Local  Exchange  Carriers  Using  Unbundled  Local  Switching  to  Provide  Single  Line  Residential 


 Service  to  End  Users  Eligible  for  State  or  Federal  Lifeline  Services,  WC  Docket  No.  05-  261  (filed  July  1,  2005)  (Petition).  On  August  15,  2005,  the  Commission  released  a  Public  Notice  establishing  a  pleading  cycle  seeking 
 comments  on  the  Fones4All  forbearance  petition.  Pleading  Cycle  Established  for  Comments  on  Petition  for  Forbearance  of  Fones4All  Corp.  Pursuant  to  47  U.  S.  C.  §  160(  c),  WC  Docket  No.  05-  261,  Public  Notice, 
 DA  05-  2288  (rel.  Aug.  15,  2005).  4 
 Petition  at  16-  17. 
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 Federal  Communications  Commission  DA  06-  1240 
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 rules,  47  C.  F.  R.  §§  0.91  and  0.291,  that  the  date  on  which  the  petition  seeking  forbearance  filed  by  Fones4All  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  28,  2006. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Thomas  J.  Navin  Chief,  Wireline  Competition  Bureau 
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