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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202  /  418-  2555  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 DA  06-  1545  July  28,  2006 
 PLEADING  CYCLE  ESTABLISHED  FOR  COMMENTS  ON  EMBARQ  LOCAL  OPERATING  COMPANIES’  PETITION  FOR  FORBEARANCE 
 UNDER  47  U.  S.  C.  §  160(  c)  FROM  APPLICATION  OF  COMPUTER  INQUIRY  AND  CERTAIN  TITLE  II  COMMON  CARRIAGE  REQUIREMENTS 


 WC  Docket  No.  06-  147 
 Comments  Due:  August  17,  2006  Reply  Comments  Due:  August  31,  2006 


 On  July  26,  2006,  the  Embarq  Local  Operating  Companies  (Embarq),  filed  a  petition  for  forbearance  pursuant  to  section  10(  c)  of  the  Communications  Act  of  1934,  as  amended  (the  Act), 
 47  U.  S.  C.  §  160(  c).  In  its  petition,  Embarq  asks  the  Commission  to  forbear  from  applying  Title  II  and  Computer  Inquiry  rules  to  certain  broadband  services  offered  by  Embarq  and  similarly 
 situated  independent  incumbent  local  exchange  carriers  (independent  incumbent  LECs).  1  Specifically,  Embarq  seeks  relief  from  Title  II  requirements  regarding  tariffs,  prices,  cost 
 support,  price  caps,  and  pricing  flexibility  for  certain  broadband  services.  Embarq  also  seeks  relief  from  the  Computer  Inquiry  requirements  to  the  extent  they  require  independent  incumbent 
 LECs  to  tariff  and  offer  the  transport  component  of  their  broadband  services  on  a  stand-  alone  basis  and  to  take  service  themselves  under  the  same  terms  and  conditions. 


 This  Public  Notice  establishes  certain  procedural  requirements  relating  to  consideration  of  the  Embarq  petition  for  forbearance.  This  matter  shall  be  treated  as  a  “permit-  but-  disclose” 


 1  Petition  of  the  Embarq  Local  Exchange  Operating  Companies  For  Forbearance  Under  47  U.  S.  C.  §  160(  c)  From 
 Application  of  Computer  Inquiry  and  Certain  Title  II  Common-  Carriage  Requirements,  WC  Docket  No.  06-  147  (filed  July  26,  2006).  Embarq  defines  broadband  services  as  current  and  future  transmission  service  offerings  that 


 are  capable  of  providing  200  kbps  in  both  directions,  excluding  DS1  and  DS3  special  access  services  and  TDM-based  services.  Attachment  A  to  the  Embarq  petition  lists  a  sampling  of  Embarq’s  broadband  services  that  meet 
 this  definition.  Simultaneous  with  this  Public  Notice,  we  are  releasing  an  order  extending  the  comment  period  for  the  AT&  T,  BellSouth,  and  Qwest  forbearance  petitions,  consolidated  in  WC  Docket  No.  06-  125,  consistent  with 
 the  comment  period  set  forth  in  this  Public  Notice.  See  Qwest  et  al.  Petition  for  Forbearance,  Order,  WC  Docket  No.  06-  125,  DA  06-  1544  (rel.  July  28,  2006).  Any  party  wishing  to  comment  on  the  Embarq  petition  as  well  as 
 any  of  the  petitions  in  WC  Docket  No.  06-  125  is  free  to  combine  its  comments  into  one  filing  listing  both  dockets. 
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