Federal Communications Commission DA 15-135 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Special Access for Price Cap Local Exchange Carriers AT&T Corporation Petition for Rulemaking to Reform Regulation of Incumbent Local Exchange Carrier Rates for Interstate Special Access Services ) ) ) ) ) ) ) ) ) WC Docket No. 05-25 RM-10593 ORDER Adopted: January 29, 2015 Released: January 29, 2015 By the Associate Chief, Wireline Competition Bureau: 1. In this Order, the Wireline Competition Bureau (Bureau) grants in part a request for an extension of the deadline to respond to the Commission’s data collection in the special access proceeding, 1 as filed by FairPoint Communications, Inc. (FairPoint) on behalf of four of its subsidiaries. 2 As discussed below, we extend the deadline for those four FairPoint subsidiaries until February 27, 2015. 2. FairPoint originally filed a petition for limited waiver on November 5, 2014, seeking a 90-day extension of the data collection deadline from December 15, 2014 to March 16, 2015. 3 In the Extension Order, we granted such relief in part so that FairPoint had until January 29, 2015 to provide data and information in response to the data collection questions. On January 12, 2015, FairPoint requested another 90-day extension, until April 29, 2015, for four of its subsidiaries: Northern New England Telephone Operations LLC, Telephone Operating Company of Vermont LLC, Enhanced Communications of Northern New England Inc., and Utilities, Inc. 4 FairPoint argues that there is good cause to waive the January 29, 2015 deadline “due to a major walk-out of union employees as well as a confluence of severe weather events that have hamstrung the petitioning companies since October.” 5 3. Section 1.46 of the Commission’s rules provides that “[i]t is the policy of the Commission that extensions of time shall not be routinely granted.” 6 Upon review, we agree that a 1 See Special Access for Price Cap Local Exchange Carriers; AT&T Corporation Petition for Rulemaking to Reform Regulation of Incumbent Local Exchange Carrier Rates for Interstate Special Access Services, WC Docket No. 05- 25, RM-10593, Order and Further Notice of Proposed Rulemaking, 27 FCC Rcd 16318 (2012); Report and Order, 28 FCC Rcd 13189 (Wireline Comp. Bur. 2013); Order on Reconsideration, 29 FCC Rcd 10899 (Wireline Comp. Bur. 2014); Order, DA 14-1706 (Wireline Comp. Bur. rel. Nov. 26, 2014) (Extension Order). 2 FairPoint Communications, Inc. Petition for Limited Waiver of Deadline for Data Submission, WC Docket No. 05- 25, RM-10593, at 1 (filed Jan. 12, 2015) (FairPoint 2015 Petition). 3 FairPoint Communications, Inc. Petition for Limited Waiver of Deadline for Data Submission, WC Docket No. 05- 25, RM-10593, at 1 (filed Nov. 5, 2014). 4 See FairPoint 2015 Petition at 4-5. 5 Id. at 5. 6 47 C.F.R. § 1.46. Federal Communications Commission DA 15-135 2 modest extension of time is warranted to allow FairPoint to compile all of the data and information required for it to file a complete submission for the four subsidiaries named in the FairPoint 2015 Petition, and we therefore grant FairPoint an extension of time until February 27, 2015 for those four subsidiaries. The remaining six FairPoint subsidiaries are expected to meet the January 29, 2015 data submission deadline. 7 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), and 5(c) of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), and 155(c), and sections 0.91, 0.291, 1.3, and 1.46 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.3, and 1.46, that the petition for waiver of the January 29, 2015 collection deadline, filed by FairPoint Communications, Inc. on January 12, 2015, IS GRANTED IN PART to the extent described herein, and IS OTHERWISE DENIED. FEDERAL COMMUNICATIONS COMMISSION Deena M. Shetler Associate Chief Wireline Competition Bureau 7 FairPoint states that it expects to meet the January 29 th deadline for the rest of its subsidiaries. FairPoint 2015 Petition at 4.