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 Federal  Communications  Commission  DA  06-  61 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Petition  of  SBC  Communications  Inc.  for  Forbearance  Under  47  U.  S.  C.  §  160(  c) 
 From  the  Application  of  the  Five-  Year  Recovery  Period  for  Local  Number  Portability  Costs 
 Under  47  C.  F.  R.  §  52.  33(  a)(  1) 


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 CC  Docket  No.  95-  116 


 ORDER 
 Adopted:  January  20,  2006  Released:  January  20,  2006 
 By  the  Associate  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  SBC  Communications 
 Inc.  (SBC),  2  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.  3 


 2.  On  February  8,  2005,  SBC  filed  a  petition  requesting  that  the  Commission  forbear  from  enforcing  section  52.33(  a)(  1)  of  its  rules.  4  SBC  requested  this  relief  so  that  it  can  assess  end-  user  charges  for  local 
 number  portability  (LNP)  beyond  the  five-  year  cost  recovery  period  that  is  allowed  under  this  rule.  5 
 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  section 


 10(  a)  within  one  year  after  the  Commission  receives  it,  unless  the  one-  year  period  is  extended  by  the 


 1  47  U.  S.  C.  §  160(  c). 
 2  SBC  filed  this  petition  before  its  merger  with  AT&  T  Corp.  on  Oct.  31,  2005,  which  created  the  new  entity  of 
 AT&  T  Inc.  See  SBC  Communications  Inc.  and  AT&  T  Corp.  Applications  for  Approval  of  Transfer  of  Control,  WC  Docket  No.  05-  65,  Memorandum  Opinion  and  Order,  20  FCC  Rcd  18290  at  App.  F  (rel.  Nov.  17,  2005). 


 3  47  U.  S.  C.  §  160(  a). 
 4  Petition  of  SBC  Communications  Inc.  for  Forbearance  Under  47  U.  S.  C.  §  160(  c)  From  the  Application  of  the  Five-Year 
 Recovery  Period  for  Local  Number  Portability  Costs  Under  47  C.  F.  R.  §  52.  33(  a)(  1)  at  1,  CC  Docket  No.  95-  116  (filed  Feb.  8,  2005)  (SBC  Forbearance  Petition).  At  the  same  time,  SBC  also  filed  a  separate  petition  for  a 


 waiver  of  section  52.  33(  a)(  1)  as  an  alternative  to  forbearance.  Petition  of  SBC  Communications  Inc.  for  Waiver  of  the  Five-  Year  Recovery  Period  for  Local  Number  Portability  Costs  Under  47  C.  F.  R.  §  52.  33(  a)(  1),  CC  Docket  No. 
 95-  116  (filed  Feb.  8,  2005).  5 
 SBC  Forbearance  Petition  at  1.  SBC  sought  relief  on  behalf  of  its  Ameritech,  Pacific  Bell,  and  Southwestern  Bell  companies.  Id.  at  1  n.  1. 
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 Federal  Communications  Commission  DA  06-  61 
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 Commission.  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 
 4.  The  petition  under  review  raises  significant  questions  regarding  whether  forbearance  from  enforcing  section  52.  33(  a)(  1)  of  the  Commission’s  rules  meets  the  statutory  requirements  set  forth  in 
 section  10(  a).  8  The  Bureau  thus  finds  that  a  90-  day  extension  is  warranted  under  section  10(  c).  9 
 5.  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,  0.291,  10  that  the  date  on  which  the  petition  seeking  forbearance  filed  by  SBC  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  May  9,  2006. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Donald  K.  Stockdale  Associate  Chief,  Wireline  Competition  Bureau 


 6  47  U.  S.  C.  §§  160(  a),  (c). 
 7  See  47  U.  S.  C.  §  160(  a);  see  also,  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). 


 8  47  C.  F.  R.  §  52.33(  a)(  1);  47  U.  S.  C.  §  160(  a). 
 9  47  U.  S.  C.  §  160(  c). 
 10  See  47  U.  S.  C.  §  155(  c). 
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