Federal Communications Commission DA 14-1258 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act ) ) ) ) ) ) ) ) ) GN Docket No. 14-126 ORDER Adopted: August 29, 2014 Released: August 29, 2014 By the Acting Chief, Competition Policy Division, Wireline Competition Bureau: 1. In this Order, the Competition Policy Division of the Wireline Competition Bureau denies a request by the United States Telecom Association (USTelecom) for an extension of time to file comments and reply comments in the Commission’s above-captioned proceeding. On August 5, 2014, the Commission released a Notice of Inquiry 1 seeking comment on the deployment of advanced telecommunications services pursuant to section 706 of the Telecommunications Act of 1996. 2 The Notice of Inquiry established a pleading cycle in the proceeding that set the comment date as September 4, 2014, and the reply comment date as September 19, 2014. 3 2. On August 27, 2014, USTelecom filed a request for an extension of time to file comments in this proceeding, specifically asking the Commission to grant a 30 day extension for the filing of comments and reply comments. 4 USTelecom argues that an extension of time will enable it and other commenters to gather and submit appropriate and useful information, and to submit thoughtful analyses regarding issues that USTelecom describes as new and novel, such as the role of mobile and satellite 1 Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act Telecommunications Bureau Seeks Comment on Clear RF Request for Determination of Equivalent Protection, Tenth Broadband Progress Notice of Inquiry, GN Docket No. 14-126, FCC 14-113 (rel. Aug. 5, 2014) (Notice of Inquiry). 2 Section 706 of the Telecommunications Act of 1996, Pub. L. No. 104-104, § 706, 110 Stat. 56, 153 (1996), as amended by the Broadband Data Improvement Act, Pub. L. No. 110-385, 122 Stat. 4096 (2008), is now codified in Title 47, Chapter 12 of the United States Code. See 47 U.S.C. § 1302. 3 Notice of Inquiry, available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-14-113A1.pdf. 4 USTelecom’s Request for Extension of Comment and Reply Comment Deadlines, Notice of Inquiry, GN Docket No. 14-126, at 1 (filed Aug 27, 2014) (Petition). Federal Communications Commission DA 14-1258 2 internet access, and the use of multiple devices within one household. 5 USTelecom further argues that granting an extension of time for comments will yield a more robust record for the Commission’s review, and help ensure that the Commission’s objective of making a reasoned determination about whether broadband is being “deployed to all Americans in a reasonable and timely fashion” is achieved. 6 3. We conclude that a grant of an extension of time in the above captioned proceeding is not warranted. Extensions of time are not routinely granted, 7 and we find that the circumstances cited by USTelecom do not warrant a grant of additional time. The statute requires the Commission to “complete [its] inquiry within 180 days after its initiation.” 8 We find that the Commission provided adequate time for public comment, and note that the Commission has asked, in prior Notices of Inquiry, about how the Commission should incorporate various services, including mobile and satellite services, in the Broadband Progress Report. We further find that granting the requested extension would impair the Commission’s ability to complete its inquiry within the statutory time frame. For these reasons, we deny USTelecom’s Request for Extension of Time, and the pleading cycles originally established in the Notice of Inquiry in WC Docket No. 14-126 will remain in effect. 9 4. IT IS ORDERED that, pursuant to sections 4(i), 4(j), 5(c) and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 155(c) and 303(r), and sections 0.91, 0.291, and 1.46 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.46, the Request for an Extension of Time filed by USTelecom IS DENIED. 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 Randy Clarke Acting Chief Competition Policy Division Wireline Competition Bureau 5 Petition at 2. 6 Petition at 2-3. 7 47 C.F.R. § 1.46. 8 47 U.S.C § 1302(b). 9 See supra para. 1.