Federal Communications Commission DA 11-878
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Teleconununications Carriers Eligible to Receive ) WC Docket No. 09-197
Universal Service Support )
)Cricket Communications, Inc. Petition for
)Forbearance
)
ORDER
Adopted: May 16, 2011
By the Chief, Wireline Competition Bureau:
Released: May 16, 2011
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 Cricket
Communications, Inc. (Cricket) 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. On June 21, 2010, Cricket filed a petition requesting that the Commission forbear from
applying the definition of service area contained in section 214(e)(5) of the Act, and section 54.207 of the
Commission's rules.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 10(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 Cricket 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 0.29 1 of the
Commission's rules, 47 C.F.R. § 0.91, 0.29 1, that the date on which the petition seeking forbearance
filed by Cricket Communications, 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 19,
2011.
'47 U.S.C. § 160(a), (c); Cricket Communications, Inc. Petition for Forbearance, WC Docket No. 09-197 (filed
June 21, 2010) (Petition).
2 Petition at 1; see 47 U.S.C. § 214(e)(5); 47 C.F.R. § 54.207.
347 U.S.C. § 160(c),
see, e.g., Petition ofAmeritech Corporation for Forbearance from Enforcement of Section 275(a) of the
Communications Act of J934, As Amended, CC Docket No. 98-65, Order, 14 FCC Rcd 6415 (Corn. Car. Bur, 1999).
47 U.S.C. § 160(c).
Federal Communications Commission DA 11-878
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)(l), this order SHALL BE effective upon release.
FEDERAL COMMUNICATIONS COMMISSION
Sharon E. Gillett
Chief
Wireline Competition Bureau
2