Federal Communications Commission DA 10-1014 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Federal-State Joint Board on Universal Service Consumer Cellular, Inc. Petition for Forbearance ) ) ) ) ) CC Docket No. 96-45 ORDER Adopted: June 4, 2010 Released: June 4, 2010 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), we extend by 90 days the date by which the petition requesting forbearance filed by Consumer Cellular, Inc. (Consumer Cellular) 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.1 2. On June 30, 2009, Consumer Cellular 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.2 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.3 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).4 3. We conclude that additional time is required to fully examine whether the forbearance requested by Consumer Cellular meets the statutory requirements set forth in section 10(a) of the Act. A 90-day extension is therefore necessary under section 10(c) of the Act.5 4. ACCORDINGLY, IT IS ORDERED, 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 Consumer Cellular, Inc. 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 September 28, 2010. 1 47 U.S.C. §§ 160(c) and (a); Petition for Forbearance by Consumer Cellular, Inc., CC Docket No. 96-45 (filed June 30, 2009) (Consumer Cellular Petition). 2 Consumer Cellular Petition at 1–2; 47 U.S.C. § 214(e)(1)(A). 3 47 U.S.C. § 160(c). 4 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. Bur. 1999). 5 47 U.S.C. § 160(c). Federal Communications Commission DA 10-1014 2 5. IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission’s rules, 47 C.F.R. § 1.102(b)(1), this order SHALL BE effective upon release. FEDERAL COMMUNICATIONS COMMISSION Sharon E. Gillett Chief Wireline Competition Bureau