Federal Communications Commission DA 08-475 Before the Federal Communications Commission Washington, D.C. 20554 ) ) ) WC Docket No. 07-97 ) ) ) ORDER Adopted: February 27, 2008 Released: February 27, 2008 By the Deputy 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 petitions requesting forbearance, filed by Qwest Corporation (Qwest),2 shall be deemed granted in the absence of a Commission decision that the petitions fail to meet the standards for forbearance under section 10(a) of the Act.3 2. On April 27, 2007, Qwest filed four separate petitions requesting that the Commission forbear from applying to Qwest certain obligations in the Denver, Minneapolis-St. Paul, Phoenix, and Seattle Metropolitan Statistical Areas (MSAs).4 Specifically, Qwest seeks forbearance from loop and transport unbundling obligations pursuant to section 251(c) and 271(c)(2)(B)(ii) of the Act.5 Qwest also seeks forbearance from Part 61 dominant carrier tariffing requirements;6 Part 61 price cap regulations;7 Computer III requirements including CEI and ONA requirements; and dominant carrier requirements arising under section 214 of the Act and Part 63 of the Commission’s rules concerning the processes for acquiring lines, discontinuing services, and assignments or transfers of control.8 1 47 U.S.C. § 160(c). 2 See Petition of Qwest Corporation for Forbearance Pursuant to 47 U.S.C. § 160(c) in the Denver, Colorado Metropolitan Statistical Area, WC Docket No. 07-97 (filed April 27, 2007) (Qwest Denver Petition); Petition of the Qwest Corporation for Forbearance Pursuant to 47 U.S.C. § 160(c) in the Minneapolis-St. Paul, Minnesota Metropolitan Statistical Area, WC Docket No. 07-97 (filed April 27, 2007) (Qwest Minneapolis-St. Paul Petition); Petition of the Qwest Corporation for Forbearance Pursuant to 47 U.S.C. § 160(c) in the Phoenix, Arizona Metropolitan Statistical Area, WC Docket No. 07-97 (filed April 27, 2007) (Qwest Phoenix Petition); Petition of the Qwest Corporation for Forbearance Pursuant to 47 U.S.C. § 160(c) in the Seattle, Washington Metropolitan Statistical Area, WC Docket No. 07-97 (filed April 27, 2007 (Qwest Seattle Petition) (collectively, Qwest Petitions). On May 3, 2007 and August 3, 2007, Qwest filed errata to make certain corrections to its petitions. 3 47 U.S.C. § 160(a). 4 See, e.g., Qwest Denver Petition at 3; Qwest Minneapolis-St. Paul Petition at 3-4; Qwest Phoenix Petition at 3; Qwest Seattle Petition at 3-4. 5 47 C.F.R. § 51.319(a), (b), (e). 6 47 C.F.R. §§ 61.32, 61.33, 61.38, 61.58, 61.59. 7 47 C.F.R. §§ 61.41-61.49. 8 47 C.F.R. §§ 63.03, 63.04, 63.60-.66. In the Matter of Petitions of Qwest Corporation for Forbearance Pursuant to 47 U.S.C. § 160 in the Denver, Minneapolis-St. Paul, Phoenix, and Seattle Metropolitan Statistical Areas Federal Communications Commission DA 08-475 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 section 10(a) within one year after the Commission receives it, unless the Commission extends the one-year period.9 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).10 4. The Qwest Petitions under review raise significant questions regarding whether forbearance from application of certain statutory and regulatory requirements for Qwest’s provision of telecommunications services in the Denver, Minneapolis-St. Paul, Phoenix, and Seattle MSAs 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, 0.291,11 the date on which the petitions seeking forbearance filed by Qwest shall be deemed granted, in the absence of a Commission denial of the petitions for failure to meet the statutory standards for forbearance, is extended to July 26, 2008. FEDERAL COMMUNICATIONS COMMISSION Julie A. Veach Deputy Chief Wireline Competition Bureau 9 47 U.S.C. § 160(c). 10 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 (CCB 1999). 11 See 47 U.S.C. § 155(c).