Federal Communications Commission DA 08-2096 Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) WC Docket No. 07-204 ) ) ) ) ORDER Adopted: September 12, 2008 Released: September 12, 2008 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 on which the petition requesting forbearance filed by Qwest Corporation (Qwest) on September 13, 2007 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. In its petition, Qwest requests that the Commission forbear from applying certain of its Automated Reporting Management Information System (ARMIS) reporting requirements to it.2 Specifically, Qwest’s petition sought certain forbearance from Commission rules requiring submission of ARMIS Reports 43-01 (Annual Summary), 43-02 (USOA Report), 43-03 (Joint Cost Report), 43-04 (Separations and Access Report), 43-05 (Service Quality Report), 43-06 (Customer Satisfaction Report), 43-07 (Infrastructure Report), 43-08 (Operating Data Report) (in part), 495A (Forecast of Investment Usage), and 495B (Actual Usage of Investment), and of 492A Report (Rate-of-Return Monitoring Report).3 The Commission released a Public Notice establishing a comment cycle for the petition on July 20, 2007.4 On September 6, 2008, the Commission addressed in part certain aspects of the Qwest Petition.5 1 See 47 U.S.C. § 160(c). 2 Petition of Qwest Corporation for Forbearance from Enforcement of the Commission’s ARMIS and 492A Reporting Requirements Pursuant to 47 U.S.C. § 160, WC Docket No. 07-204 (filed Sept. 13, 2007) (Qwest Petition). 3 See 47 C.F.R. §§ 43.21(a), 43.21(d)-(k), 65.1(b)(2), 65.600(a), 65.600(d). 4 Pleading Cycle Established for Petition of Qwest Corporation for Forbearance from Enforcement of the Commission’s ARMIS and 492A Reporting Requirements Pursuant to 47 U.S.C. § 160(c), WC Docket No. 07-204, Public Notice, 22 FCC Rcd 16900 (2007). 5 Service Quality, Customer Satisfaction, Infrastructure and Operating Data Gathering; Petition of AT&T Inc. for Forbearance Under 47 U.S.C. § 160(c) From Enforcement of Certain of the Commission’s ARMIS Reporting Requirements; Petition of Qwest Corporation for Forbearance from Enforcement of the Commission’s ARMIS and (continued....) In the Matter of Petition of Qwest Corporation for Forbearance from Enforcement of the Commission’s ARMIS and 492A Reporting Requirements Pursuant to 47 U.S.C. § 160 Federal Communications Commission DA 08-2096 2 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 subsection (a) within one year after the Commission receives the petition, 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 4. The petition under review raises significant questions regarding whether forbearance from application of certain of the Commission’s ARMIS rules meets the statutory requirements set forth in section 10(a). The Bureau thus finds that a 90-day extension for the petition 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 the 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 Corporation 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 December 12, 2008. FEDERAL COMMUNICATIONS COMMISSION Dana R. Shaffer Chief, Wireline Competition Bureau (...continued from previous page) 492A Reporting Requirements Pursuant to 47 U.S.C. § 160(c); Petition of the Embarq Local Operating Companies for Forbearance Under 47 U.S.C. § 160(c) From Enforcement of Certain of ARMIS Reporting Requirements; Petition of Frontier and Citizens ILECs for Forbearance Under 47 U.S.C. § 160(c) From Enforcement of Certain of the Commission’s ARMIS Reporting Requirements; Petition of Verizon for Forbearance Under 47 U.S.C. § 160(c) From Enforcement of Certain of the Commission’s Recordkeeping and Reporting Requirements; Petition of AT&T Inc. For Forbearance Under 47 U.S.C. § 160 From Enforcement of Certain of the Commission’s Cost Assignment Rules, WC Docket Nos. 08-190, 07-139, 07-204, 07-273, 07-21, Memorandum Opinion and Order and Notice of Proposed Rulemaking, FCC 08-203 at para. 1 (rel. Sept. 6, 2008). 6 See 47 U.S.C. § 160(c). 7 See, e.g., Petition of the Verizon Telephone Companies for Forbearance under 47 U.S.C. § 160(c) from Title II and Computer Inquiry Rules with Respect to Their Broadband Services, WC Docket No. 04-440, Order, 20 FCC Rcd 20037 (Wireline Comp. Bur. 2005). 8 See 47 U.S.C. § 155(c).