Federal Communications Commission DA 08-2670
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Federal-State Joint Board on Universal Service
Virgin Mobile USA, L.P.
Petition for Forbearance
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CC Docket No. 96-45
ORDER
Adopted:  December 5, 2008 Released:  December 5, 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 by which the petition requesting forbearance filed by Virgin 
Mobile USA, L.P. (Virgin Mobile) 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
2. On December 5, 2007, Virgin Mobile filed a petition requesting that the Commission 
forbear from applying the requirements of section 214(e)(1)(A) of the Act, to the extent that those 
provisions require a common carrier designated as an eligible telecommunication carrier to offer services 
supported by the federal universal service support mechanisms using either its own facilities or a 
combination of its own facilities and another carrier’s services.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 it, unless the one-year period is extended by the Commission.4 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 subsection 10(a).5
3. Virgin Mobile’s petition raises significant questions regarding whether forbearance from 
applying section 214(e)(1)(A) of the Act meets the statutory requirements set forth in section 10(a) of the 
Act.  A 90-day extension is therefore warranted under section 10(c) of the Act.6
  
1 47 U.S.C. § 160(c).
2 47 U.S.C. § 160(a).
3 Virgin Mobile USA, L.P. Petition for Forbearance Petition, CC Docket No. 96-45 (filed Dec. 5, 2007); 47 U.S.C. § 
214(e)(1)(A).
4 47 U.S.C. § 160(c).
5 Id.; 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. Bureau 
1999).
6 47 U.S.C. § 160(c).
Federal Communications Commission DA 08-2670
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4. 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, that the date on which the petition seeking forbearance 
filed by Virgin Mobile USA, L.P. 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 March 5, 2009.
FEDERAL COMMUNICATIONS COMMISSION
Dana R. Shaffer
Chief
Wireline Competition Bureau