Federal Communications Commission DA 10-2095 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of High-Cost Universal Service Support Partner Communications Cooperative Petition for Forbearance ) ) ) ) ) ) WC Docket No. 05-337 ORDER Adopted: November 2, 2010 Released: November 2, 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 Partner Communications Cooperative (Partner Communications) 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 December 2, 2009, Partner Communications filed a petition requesting that the Commission forbear from applying the requirements of section 54.305(b) and (d) of the Commission’s rules so that Partner Communications may receive additional universal service high-cost support and local switching support for four exchanges it acquired in 2006.2 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 section 10(a).4 3. We conclude that additional time is necessary to fully examine whether the forbearance requested by Partner Communications meets the statutory requirements set forth in section 10(a) of the Act, and therefore extend the deadline by 90 days.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 Partner Communications 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 2, 2011. 1 47 U.S.C. §§ 160(c) and (a); Petition for Forbearance by Partner Communications Cooperative, WC Docket No. 05-337 (filed Dec. 2, 2009) (Partner Communications Petition); Comment Sought on the Petition of Partner Communications Cooperative for Forbearance from Section 54.305(b) and (c) of the Commission’s Rules, WC Docket No. 05-337, Public Notice, 25 FCC Rcd 186 (Wireline Comp. Bur. 2010). 2 Partner Communications Petition at 1. 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 10-2095 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