Federal Communications Commission DA 07-620 Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) ) WC Docket No. 06-56 ) ) ) ORDER Adopted: February 9, 2007 Released: February 9, 2007 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 Verizon Communications Inc., on behalf of its local exchange and long distance carrier affiliates (collectively Verizon),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 28, 2006, Verizon filed a petition requesting that the Commission forbear from applying certain aspects of dominant carrier regulation that would apply to its provision, on an integrated basis, of in-region interexchange services after section 272 of the Act4 sunsets in its region.5 Verizon also requests that the Commission forbear from certain regulations that apply to its provision of interexchange services in the former GTE region.6 Specifically, Verizon requests forbearance from section 203 of the Act,7 from the Commission’s Part 61 tariffing and price cap requirements,8 from the Commission’s 1 47 U.S.C. § 160(c). 2 See Petition of the Verizon Local and Long Distance Telephone Companies for Forbearance Under 47 U.S.C. § 160(c) with regard to Certain Dominant Carrier Regulations for In-Region Interexchange Services, WC Docket No. 06-57, Attachment A (filed Feb. 28, 2006) (Verizon Petition) (listing the local exchange and long distance carriers affiliated with Verizon Telecommunications Inc. participating in the Verizon Petition). 3 47 U.S.C. § 160(a). 4 47 U.S.C. § 272. 5 See Verizon Petition. The section 272 safeguards, other than those in section 272(e), sunset throughout Verizon’s region on March 19, 2006. See Section 272 Sunsets For Verizon Communications Inc. in the District Of Columbia and the States of Maryland and West Virginia by Operation of Law on March 19, 2006 Pursuant to Section 272(f)(1), WC Docket No. 02-112, Public Notice, DA 06-629 (rel. March. 20, 2006). For the sake of convenience, we use the phrase “on an integrated basis” to refer to service provided through Verizon’s Bell Operating Company (BOC) affiliates or through other Verizon affiliates that are not compliant with section 272 or the Commission’s rules implementing that section. See 47 U.S.C. § 272. 6 Verizon Petition at 1. 7 Id. at 2; 47 U.S.C. § 203. 8 Verizon Petition at 2; 47 C.F.R. § 61.31 et. seq. In the Matter of Petition of The Verizon Local and Long Distance Telephone Companies for Forbearance Under 47 U.S.C. §160(c) with Regard to Certain Dominant Carrier Regulations for In-Region, Interexchange Services Federal Communications Commission DA 07-620 2 Comparably Efficient Interconnection and Open Network Architecture requirements,9 from certain provisions in Part 63 of the Commission’s rules concerning acquiring lines, discontinuing services, transfers of control, and acquiring affiliates,10 and from rules governing independent LECs’ provision of in-region, interstate, interexchange and international services.11 Verizon also requests that the Commission forbear from applying its accounting requirements to the extent that they require nonregulated treatment of interexchange services if Verizon decides to provide them through its incumbent local exchange carriers.12 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 Commission extends the one-year period.13 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).14 4. The petition under review raises significant questions regarding whether forbearance from application of certain of the Commission’s dominant carrier and accounting regulations to Verizon’s provision, on an integrated basis, of in-region, 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). 5. 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 0.291,15 the date on which the petition seeking forbearance filed by Verizon 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 29, 2007. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Navin Chief, Wireline Competition Bureau 9 Verizon Petition at 3; Amendment of Section 64.702 of the Commission’s Rules and Regulations, CC Docket No. 85-229, Report and Order, 104 FCC 2d 958, 964, para. 4 (1986). 10 Verizon Petition at 3; e.g., 47 C.F.R. §§ 63.12(b)(2), 63.19(b), 63.21(c), 63.71(c). 11 Verizon Petition at 3; 47 C.F.R. §§ 64.1901 – 64.1903. 12 Verizon Petition at 2. 13 47 U.S.C. § 160(c). 14 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). 15 See 47 U.S.C. § 155(c).