Federal Communications Commission DA 09-2083 Before the Federal Communications Commission Washington, D.C. 20554 In the Matters of Petitions of the Verizon Telephone Companies for Forbearance Pursuant to 47 U.S.C. § 160(c) in the Boston, New York, Philadelphia, Pittsburgh, Providence and Virginia Beach Metropolitan Statistical Areas Petitions of Qwest Corporation for Forbearance Pursuant to 47 U.S.C. § 160(c) in the Denver, Minneapolis-St. Paul, Phoenix, and Seattle Metropolitan Statistical Areas ) ) ) ) ) ) ) ) ) ) ) ) WC Docket No. 06-172 WC Docket No. 07-97 ORDER Adopted: September 18, 2009 Released: September 18, 2009 Revised Reply Comment Date: October 21, 2009 By the Deputy Bureau Chief, Wireline Competition Bureau: 1. On August 20, 2009, we sought comment1 on remands by the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) of two related Commission orders, the Verizon 6 MSA Forbearance Order2 and the Qwest 4 MSA Forbearance Order3 (together, the remands). Because the remands are relevant to a pending forbearance petition filed by Qwest regarding the Phoenix-Mesa- Scottsdale Metropolitan Statistical Area (Phoenix MSA),4 on August 20, 2009, we extended the comment and reply deadlines in the Qwest Phoenix MSA proceeding to coincide with the pleading cycles that apply 1 See Wireline Competition Bureau Seeks Comment on Remands of Verizon 6 MSA Forbearance Order and Qwest 4 MSA Forbearance Order, WC Docket Nos. 06-172, 07-97, Public Notice, DA 09-1835 (rel. Aug. 20, 2009) (Verizon 6 MSA and Qwest 4 MSA Public Notice). 2 Petitions of Verizon Telephone Companies for Forbearance Pursuant to 47 U.S.C. § 160(c) in the Boston, New York, Philadelphia, Pittsburgh, Providence and Virginia Beach Metropolitan Statistical Areas, Inc., WC Docket No. 06-172, Memorandum Opinion and Order, 22 FCC Rcd 21293 (2007) (Verizon 6 MSA Forbearance Order), remanded, Verizon Tel. Cos. v. FCC, 570 F.3d 294 (D.C. Cir. 2009). 3 Petitions of Qwest Corporation for Forbearance Pursuant to 47 U.S.C. § 160(c) in the Denver, Minneapolis-St. Paul, Phoenix, and Seattle Metropolitan Statistical Areas, WC Docket No. 07-97, Memorandum Opinion and Order, 23 FCC Rcd 11729 (2008) (Qwest 4 MSA Forbearance Order), remanded, Qwest Corporation v. FCC, No. 08-1257 (D.C. Cir. Aug. 5, 2009). 4 Petition of Qwest Corporation for Forbearance Pursuant to 47 U.S.C. § 160(c) in the Phoenix, Arizona Metropolitan Statistical Area, WC Docket No. 09-135 (filed Mar. 24, 2009). Federal Communications Commission DA 09-2083 2 to the remands.5 In both the Verizon 6 MSA proceeding and the Qwest 4 MSA proceeding, the deadline for filing comments on the remands is September 21, 2009 and the deadline for filing replies is October 6, 2009. 2. Today, we granted Qwest’s request for an extension of time to file reply comments in the Qwest Phoenix MSA proceeding.6 Qwest made this request because “parties would need at least a month to provide reply comments when the issue of the impact of the remands is factored in”7 and this additional time “will accord the parties sufficient time to evaluate and process the initial comments.”8 Qwest’s reasoning applies equally well in the Verizon 6 MSA proceeding and the Qwest 4 MSA proceeding. 3. On our own motion, we grant an extension of time to file reply comments on the remands in the present dockets so that all parties have additional time to consider the impact of the remands.9 As in the Qwest Phoenix MSA proceeding, we believe that extending the reply deadline on the remands will allow more complete and well-developed reply comments in the proceedings. We also hope that by keeping these comment cycles on the same schedule, we will minimize the burdens of commenters participating in more than one of these proceedings. Parties therefore have until October 21, 2009 to file reply comments. All other filing requirements set forth in the Public Notice establishing the initial pleading cycle remain in effect.10 4. Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 4(j), and 5(c) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 155(c), section 1.46 of the Commission’s rules, 47 C.F.R. § 1.46, and pursuant to the authority delegated in sections 0.91 and 0.291 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, reply comments in this proceeding shall be filed on or before October 21, 2009. FEDERAL COMMUNICATIONS COMMISSION Julie A. Veach Deputy Bureau Chief Wireline Competition Bureau 5 See Wireline Competition Bureau Extends Comment Due Dates on Qwest Corporation’s Petition For Forbearance in the Phoenix, Arizona Metropolitan Statistical Area, WC Docket No. 09-135, Public Notice, DA 09-1836 (rel. Aug. 20, 2009; Verizon 6 MSA and Qwest 4 MSA Public Notice at 1 ) (both requesting comments by September 21, 2009 and reply comments by October 6, 2009). 6 Qwest Corporation, Request for Extension of Time to File Reply Comments on Qwest Corporation’s Petition for Forbearance, WC Docket No. 09-135 at 1 (filed Sept. 3, 2009). 7 Id. at 3. 8 Id. 9 Petition of Qwest Corporation for Forbearance Pursuant to 47 U.S.C. § 160(c) in the Phoenix, Arizona Metropolitan Statistical Area, WC Docket No. 09-135, Order, DA 09-2082 (WCB rel. Sept. 18, 2009). 10 See Verizon 6 MSA and Qwest 4 MSA Public Notice at 4-6.