Federal Communications Commission	DA 20-181

Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

Modernizing Unbundling and Resale Requirements in an Era of Next-Generation Networks and Services
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WC Docket No. 19-308

ORDER

Adopted:  February 20, 2020	Released:  February 20, 2020

By the Chief, Wireline Competition Bureau:

I. INTRODUCTION
1. In this Order, the Wireline Competition Bureau (Bureau) grants in part a request for an extension of time to file reply comments in the above-captioned proceeding. See Modernizing Unbundling Resale Requirements in an Era of Next-Generation Networks and Services, WC Docket No. 19-308, Notice of Proposed Rulemaking, 34 FCC Rcd 11290 (2019) (Notice of Proposed Rulemaking or Notice) (seeking comment on proposals to modernize unbundling and resale obligations applicable to incumbent local exchange carriers in light of changes in the communications landscape).
  Based on the record before us, we find that good cause exists to grant a 14-day extension of time for commenters to file reply comments in this proceeding.
2. On January 6, 2020, the Notice of Proposed Rulemaking in this proceeding was published in the Federal Register announcing a February 5, 2020 deadline to file comments and a March 6, 2020 deadline to file reply comments. Notice, Proposed Rules, 85 Fed. Reg. 472 (Jan. 6, 2020), https://www.federalregister.gov/documents/2020/01/06/2019-27607/modernizing-unbundling-and-resale-requirements-in-an-era-of-next-generation-networks-and-services (Federal Register Notice).
  On February 18, 2020, INCOMPAS filed a letter requesting that the Commission issue a protective order in the above-captioned proceeding and extend the deadline for filing reply comments to “30 days after the earliest date that a party could receive access to the nonredacted record under the protective order’s terms.” Letter from John Nakahata and Mengyu Huang, Counsel to INCOMPAS, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 19-308, at 1 (filed Feb. 18, 2020) (INCOMPAS Extension Request).  INCOMPAS asserts that the requested 30-day extension is necessary to give interested parties sufficient time to access and analyze redacted data filed on February 5, 2020, once the protective order is released.  Id at 2.

3. Section 1.46 of the Commission’s rules provides that “[i]t is the policy of the Commission that extensions of time are not routinely granted.” 47 CFR § 1.46.
  We find, however, that there is good cause to extend the due date for filing reply comments in response to the Notice.  Extending the reply comment deadline by 14 days will provide interested parties additional time to access, review and respond to the confidential and highly confidential material contained in the initial comments filed in response to the Notice.  Two parties submitted redacted, but limited, material in their initial comments.  See generally Verizon Comments; TeleGuam Holdings, LLC (GTA) Comments.
  We therefore grant  INCOMPAS’s request in part and establish a new reply comment deadline of March 20, 2020.  We expect that this extension will:  (1) allow commenters sufficient time to prepare reply comments; and (2) result in a more robust record to inform the Commission’s decision-making in this proceeding. INCOMPAS Extension Request at 2-3.

4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 5(c) of the Communications Act, as amended, 47 U.S.C. §§ 154(i), 154(j), and 155(c), and sections 0.91, 0.291, and 1.46 of the Commission’s rules, 47 CFR §§ 0.91, 0.291, and 1.46 that the Request for Extension of Time IS GRANTED, and the deadline for filing reply comments in WC Docket No. 19-308 is extended until March 20, 2020.

FEDERAL COMMUNICATIONS COMMISSION


Kris Anne Monteith
Chief
Wireline Competition Bureau
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