Federal Communications Commission DA 12-451 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Petition of CenturyLink for Forbearance Pursuant to 47 U.S.C. § 160(c) from Dominant Carrier and Certain Computer Inquiry Requirements on Enterprise Broadband Services ) ) ) ) ) ) ) WC Docket No. 12-60 ORDER Extended Comment Date: April 20, 2012 Extended Reply Comment Date: May 7, 2012 Adopted: March 22, 2012 Released: March 22, 2012 By the Chief, Wireline Competition Bureau: 1. In this Order, the Wireline Competition Bureau (Bureau) grants a 15-day extension of the deadline to comment and a 15-day extension of the deadline to file reply comments addressing CenturyLink’s above-captioned forbearance petition. In its petition, CenturyLink requests that the Commission forbear from dominant carrier and certain Computer Inquiry requirements with respect to its enterprise broadband services.1 This extension will ensure that parties have sufficient time to consider confidential information, pursuant to the Protective Order we release today.2 2. CenturyLink requests, pursuant to section 10 of the Communications Act of 1934, as amended,3 that the Commission forbear from “dominant carrier regulation and the Computer Inquiry tariffing requirement with respect to its packet-switched and optical transmission services” for those services subject to those regulations and requirements.4 On March 6, 2012, the Bureau sought comment on the CenturyLink petition and established a comment deadline of April 5, 2012 and a reply comment deadline of April 20, 2012.5 1 Petition of CenturyLink for Forbearance Pursuant to 47 U.S.C. §160(c) from Dominant Carrier and Certain Computer Inquiry Requirements on Enterprise Broadband Services, WC Docket No. 12-60 (filed Feb. 23, 2012), as amended March 21, 2012 (CenturyLink Petition). 2 Petition of CenturyLink for Forbearance Pursuant to 47 U.S.C. §160(c) from Dominant Carrier and Certain Computer Inquiry Requirements on Enterprise Broadband Services, WC Docket No. 12-60, Protective Order, DA 12-454 (rel. Mar. 22, 2012) (Protective Order). 3 47 U.S.C. § 160. 4 CenturyLink Petition at 1, 9-10. Specifically, CenturyLink seeks forbearance from 47 U.S.C. §§ 203, 204(a)(3); 47 C.F.R. §§ 1.54(a)(1), (e)(1), 61.31-61-59, 63.71, 63.03 and requirements from related Commission Orders. 5 Pleading Cycle Established for Comments on CenturyLink Petition for Forbearance from Dominant Carrier and Certain Computer Inquiry Requirements on Enterprise Broadband Services, WC Docket 12-60, Public Notice, DA 12-346 (rel. March 6, 2012). Federal Communications Commission DA 12-451 2 3. COMPTEL filed a Motion for Extension of Time on March 13, 2012, requesting that the Commission reset the deadlines for the filing of comments and reply comments in this proceeding until 30 and 45 days, respectively, after it releases the protective orders that will allow interested parties to access confidential material in the CenturyLink Petition.6 The National Association of State Utility Consumer Advocates (NASUCA) and the New Jersey Division of Rate Counsel (NJDRC) jointly filed a Motion for Extension of Time on March 14, 2012.7 They request “a thirty (30) day extension from the time when the non-redacted proprietary CenturyLink Petition is received by the parties for their filing of Initial Comments and Reply Comments to be filed forty-five (45) days later.”8 COMPTEL, NASUCA and NJDRC assert that this extension of time is warranted because the CenturyLink Petition includes confidential information, the Commission has not yet issued a protective order in this docket, and access to the confidential information is necessary in order for interested parties to make informed decisions about filing comments and to provide meaningful responses to the CenturyLink Petition.9 4. On March 21, 2012, CenturyLink amended the CenturyLink Petition to request confidential, rather than highly confidential, treatment for certain information included in the petition and attachments.10 Today, we released a Protective Order in this docket.11 5. The Commission’s policy, as set forth in section 1.46(a) of the Commission’s rules,12 is that extensions of time are not routinely granted. However, given our desire to encourage thoughtful consideration of the important issues raised in this proceeding, we find that a partial grant of the COMPTEL and NASUCA/NJDRC motions will facilitate that consideration. While an extension is warranted here, we find that the requests for an additional 30 days in which to file comments and an additional 45 days to file reply comments are unnecessarily long. Instead, we grant to all parties a 15-day extension of the current comment deadline, which will establish April 20, 2012 as the new comment deadline. We extend the reply comment deadline to 15 days after the comments are due, which will establish May 7, 2012 as the new reply comment deadline. 6. Accordingly, IT IS ORDERED that, pursuant to Section 4(i) of the Communications Act of 1934, as amended, 47 U.S.C. § 154(i), and Sections 0.91, 0.291, and 1.46 of the Commission's rules, 47 C.F.R. §§ 0.91, 0.291, and 1.46, the Motions for Extension of Time filed by COMPTEL and the National Association of State Utility Consumer Advocates and the New Jersey Division of Rate Counsel ARE GRANTED in part, and otherwise ARE DENIED. 6 COMPTEL Motion for Extension of Time, WC Docket No. 12-60 (filed Mar. 13, 2012) (COMPTEL Motion). 7 NASUCA and NJDRC Motion for Extension of Time, WC Docket No. 12-60 (filed Mar. 14, 2012) (NASUCA and NJDRC Motion). 8 Id. at 2. 9 COMPTEL Motion at 2-3; NASUCA and NJDRC Motion at 2-3. 10 Amendment to Petition of CenturyLink for Forbearance Pursuant to 47 U.S.C. §160(c) from Dominant Carrier and Certain Computer Inquiry Requirements on Enterprise Broadband Services, WC Docket No. 12-60 (filed Mar. 21, 2012). 11 Petition of CenturyLink for Forbearance Pursuant to 47 U.S.C. §160(c) from Dominant Carrier and Certain Computer Inquiry Requirements on Enterprise Broadband Services, WC Docket No. 12-60, Protective Order, DA 12-454 (rel. Mar. 22, 2012). 12 47 C.F.R. § 1.46. Federal Communications Commission DA 12-451 3 7. Also, IT IS ORDERED that the deadline to file comments in this proceeding is extended to April 20, 2012 and the deadline to file reply comments is extended to May 7, 2012. FEDERAL COMMUNICATIONS COMMISSION Sharon E. Gillett Chief, Wireline Competition Bureau