Federal Communications Commission DA 08-2611 Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) WC Docket No. 07-273 ) ) ) ORDER Adopted: November 26, 2008 Released: November 26, 2008 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 on which the petition requesting forbearance filed by Verizon on November 26, 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, Verizon requests that the Commission forbear from applying certain of its recordkeeping and reporting requirements.2 Specifically, in its Petition Verizon seeks forbearance with regard to the following regulations and statutory provisions: · 47 C.F.R. 1.795 · 47 C.F.R. 32.11 (to the extent the rule requires a carrier to keep Basic Property Records or Continuing Property Records) · 47 C.F.R. 32.23 (to the extent the rule requires a carrier to comply with Affiliate Transaction rules) · 47 C.F.R. 32.27 · 47 C.F.R. 32.2000 (e-f) · 47 C.F.R. 43.21 (d-k) · 47 C.F.R. 64.902 · 47 C.F.R. 64.903 (only as related to Affiliate Transaction rules) · 47 C.F.R. 64.904 (only as related to Affiliate Transaction rules) · 47 C.F.R. 65.600 · 47 C.F.R. 69.301-10 1 See 47 U.S.C. § 160(c). 2 Petition of Verizon for Forbearance Under 47 U.S.C. § 160(c) From Enforcement of Certain of the Commission’s Recordkeeping and Reporting Requirements, WC Docket No. 07-273 (filed November 26, 2007) (Petition). In the Matter of Petition of Verizon for Forbearance Under 47 U.S.C. § 160(c) From Enforcement of Certain of the Commission’s Recordkeeping and Reporting Requirements Federal Communications Commission DA 08-2611 2 · 47 C.F.R. 69.401-15 · 47 U.S.C. 254(k) (only as related to Affiliate Transaction rules).3 The Commission released a Public Notice establishing a comment cycle for the petition on December 18, 2007.4 On September 6, 2008, the Commission addressed in part certain aspects of the Verizon Petition, including the grant of conditional forbearance from cost assignment obligations.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 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 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). 3 Id. 4 Pleading Cycle Established for Verizon Petition Seeking Forbearance From Enforcement of Certain Recordkeeping and Reporting Requirements, WC Docket No. 07-273, Public Notice, 22 FCC Rcd 21655 (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 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 paras. 1, 23 (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). Federal Communications Commission DA 08-2611 3 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 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 February 24, 2009. FEDERAL COMMUNICATIONS COMMISSION Marcus Maher Associate Chief Wireline Competition Bureau 8 See 47 U.S.C. § 155(c).