Federal Communications Commission DA 07-4691 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Petition of the Embarq Local Operating Companies for Forbearance Pursuant to 47 U.S.C. § 160(c) from the Contract Tariff Filing Requirements of the Pricing Flexibility Rules ) ) ) ) ) ) ) WC Docket No. 07-258 ORDER Adopted: November 20, 2007 Released: November 20, 2007 Comments Due: December 14, 2007 Reply Comments Due: January 10, 2008 By the Associate Chief, Wireline Competition Bureau: 1. On October 19, 2007, 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 requests that the Commission forbear from applying its rules that require Embarq to file contract tariffs in areas where the carrier has or may receive Phase I or Phase II pricing flexibility.1 Specifically, Embarq asks the Commission to forbear from the application of the contract tariff filing requirements in sections 61.55, 61.58, and 69.727(a) of the Commission’s rules relating to pricing flexibility.2 On November 14, 2007, the Wireline Competition Bureau released a Public Notice requesting comment on the Embarq Petition.3 Pursuant to the Embarq Petition Public Notice, comments are to be filed by November 29, 2007 and reply comments are due December 14, 2007.4 2. On November 19, 2007, COMPTEL filed a Motion for Extension of Time, in which it asked that the Commission “reset the comment date for December 14, 2007 and the reply date for January 10, 2008” in this proceeding.5 COMPTEL asserts that, given the need to obtain and analyze confidential information prior to preparing comments in this proceeding, “[i]t would, therefore, benefit the creation of a more complete record if the Commission were to extend the deadlines for filing comments and reply 1 Petition of the Embarq Local Operating Companies for Forbearance Pursuant to 47 U.S.C. § 160(c) from the Contract Tariff Filing Requirements of the Pricing Flexibility Rules, WC Docket No. 07-258, at 2 (filed Oct. 19, 2007) (Embarq Petition). 2 Id. at 2 (citing 47 C.F.R. §§ 61.55, 61.58, 69.727(a)). 3 See Pleading Cycle Established for Comments on Embarq Petition for Forbearance Under 47 U.S.C. §160(c) from Contract Tariff Filing Requirements, Public Notice, WC Docket No. 07-258, DA 07-4617 (Wireline Comp. Bur. rel. Nov. 14, 2007) (Embarq Petition Public Notice). 4 Id. at 1. 5 Petition of the Embarq Local Operating Companies for Forbearance Pursuant to 47 U.S.C. § 160(c) from the Contract Tariff Filing Requirements of the Pricing Flexibility Rules, COMPTEL Motion for Extension of Time, WC Docket No. 07-258 at 1 (filed Nov. 19, 2007) (COMPTEL Motion). Federal Communications Commission DA 07-4691 2 comments.”6 We agree that providing additional time to file comments and reply comments will facilitate the development of a more substantive and complete record in this proceeding. We note that it is the policy of the Commission that extensions of time shall not be routinely granted.7 However, given the time required to obtain and review the confidential information necessary to prepare responsive filings, and the importance of a complete record to the Commission’s consideration of the questions raised in the Embarq Petition, we find that good cause exists to provide parties the requested brief extension of time for filing comments and reply comments in this proceeding. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to sections 4(i), 4(j), and 5(c) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j), 155(c), and sections 0.91, 0.291, and 1.46 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, 1.46, the pleading cycle established in this matter shall be modified as follows: Comments Due: December 14, 2007 Reply Comments Due: January 10, 2008 All other filing procedures remain unchanged from those previously established in this proceeding.8 4. IT IS FURTHER ORDERED that the request of COMPTEL for an Extension of Time is GRANTED, as set forth herein. FEDERAL COMMUNICATIONS COMMISSION Donald K. Stockdale, Jr. Associate Chief, Wireline Competition Bureau 6 Id. at 2. 7 47 C.F.R. § 1.46(a). 8 See Embarq Petition Public Notice at 1-3.