*Pages 1--2 from Microsoft Word - 61006.doc* Federal Communications Commission DA 06- 2307 Before the Federal Communications Commission Washington, D. C. 20554 ) ) ) ) WC Docket No. 05- 333 ) ) ) ORDER Adopted: November 14, 2006 Released: November 14, 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 Qwest Communications International Inc., on behalf of its affiliates Qwest Communications Corporation, Qwest LD Corporation, and Qwest Corporation (collectively, 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 November 22, 2005, Qwest filed a petition requesting that the Commission forbear from applying its dominant carrier rules to Qwest’s provision, on an integrated basis, of in- region, interstate and international, interLATA interexchange services after section 272 of the Act 3 sunsets in Qwest’s region. 4 Such dominant carrier rules include the Commission’s Part 61 tariffing and price cap requirements. 5 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 section 10( a) within one year after the Commission receives it, unless the Commission extends the one-year period. 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 section 10( a). 7 1 47 U. S. C. § 160( c). 2 47 U. S. C. § 160( a). 3 47 U. S. C. § 272. The section 272 safeguards, other than those in section 272( e), will have sunset throughout Qwest’s region as of December 3, 2006, absent Commission action extending the period in which those safeguards remain in effect. 4 See Petition of Qwest Communications International Inc. for Forbearance from Enforcement of the Commission’s Dominant Carrier Rules as They Apply after Section 272 Sunset Pursuant To 47 U. S. C. § 160 (filed Nov. 22, 2005) (Qwest Petition). On November 30, 2005, Qwest filed a corrected version of this petition. See Letter from Timothy M. Boucher, Senior Attorney, Qwest, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 05- 333 (filed Nov. 30, 2005). 5 Qwest Petition at 1- 2; 47 C. F. R. § 61. 31 et. seq. 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). In the Matter of Petition of Qwest Communications International Inc. for Forbearance from Enforcement of the Commission’s Dominant Carrier Rules as They Apply after Section 272 Sunset Pursuant to 47 U. S. C. § 160 1 Federal Communications Commission DA 06- 2307 2 3. The petition under review raises significant questions regarding whether forbearance from application of the Commission’s dominant carrier regulations to Qwest’s provision, on an integrated basis, of in- region, interstate and international, interLATA interexchange services 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). Accordingly, IT IS ORDERED that, 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, 8 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 February 20, 2007. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Navin Chief, Wireline Competition Bureau 8 See 47 U. S. C. § 155( c). 2