Federal Communications Commission	DA 20-331

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


In the Matter of

Restoring Internet Freedom

Bridging the Digital Divide for Low-Income Consumers

Lifeline and Link Up Reform and Modernization
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WC Docket No. 17-108

WC Docket No. 17-287


WC Docket No. 11-42
ORDER

Adopted:  March 25, 2020	Released:  March 25, 2020

Comment Date:  April 20, 2020
Reply Comment Date:  May 20, 2020

By the Chief, Wireline Competition Bureau:

1. By this Order, the Wireline Competition Bureau (Bureau) of the Federal Communications Commission grants a 21-day extension of time for filing comments and reply comments on the Public Notice seeking to refresh the record in the above-captioned Restoring Internet Freedom and Lifeline proceedings.  With this 21-day extension, comments are due on April 20, 2020, and reply comments are due on May 20, 2020.
2. On February 19, 2020, the Bureau released a Public Notice seeking to refresh the record in the Restoring Internet Freedom and Lifeline proceedings in light of the D.C. Circuit’s decision in Mozilla Corp. v. FCC, with filing deadlines of March 30, 2020 for comments and April 29, 2020 for reply comments. Wireline Competition Bureau Seeks to Refresh Record in Restoring Internet Freedom and Lifeline Proceedings in Light of the D.C. Circuit’s Mozilla Decision, Public Notice, DA 20-168 (WCB Feb. 19, 2020); Mozilla Corp. v. FCC, 940 F.3d 1 (D.C. Cir. 2019). 
  Among other things, the Public Notice sought to refresh the record on how the changes adopted in the Restoring Internet Freedom Order might affect public safety. Id. at 1-2.   
  
3. On March 11, 2020, The Benton Institute for Broadband & Society, California Public Utilities Commission, County of Santa Clara, City of Los Angeles, Access Now, Center for Democracy and Technology, Common Cause, Electronic Frontier Foundation, INCOMPAS, National Hispanic Media Coalition, Next Century Cities, Open Technology Institute, and Public Knowledge (Requesters) filed a motion to extend the comment and reply comment deadlines by 30 days each, to April 29, 2020 and May 29, 2020, respectively. The Benton Institute for Broadband & Society, California Public Utilities Commission, County of Santa Clara, City of Los Angeles, Access Now, Center for Democracy and Technology, Common Cause, Electronic Frontier Foundation, INCOMPAS, National Hispanic Media Coalition, Next Century Cities, Open Technology Institute, and Public Knowledge, WC Docket Nos. 17-108, 17-287, 11-42 (filed March 11, 2020), https://ecfsapi.fcc.gov/file/1031109628493/PublicSafetyPublicInterestIndustryMotionForExtensionOfComment%20DeadlinesDocket17-108Etc.pdf (Extension Request).
  Requesters assert that, among other things, there is a “critical need for an extension” to enable state, county, and municipal governments to be able to respond adequately to the issues raised in the Public Notice relating to how the Commission’s action affects public safety. Id. at 2.
  NASUCA expressed support for the Extension Request. See Letter from David Springe, Executive Director, NASUCA, to Marlene Dortch, Secretary, FCC, WC Docket Nos. 17-108, 17-287, 11-42 (filed Mar. 23, 2020).
    
4. As set forth in section 1.46 of the Commission’s rules, 47 CFR § 1.46.
 it is the policy of the Commission that extensions of time shall not be routinely granted.  The deadlines stated in the Public Notice provided interested parties more than a month to submit comments, and an additional month for reply comments.  Nevertheless, we find that Requesters have shown good cause for an extension of the comment cycle, and that the public interest will be served by extending the comment and reply deadlines.  Requesters assert that staff, officials, and first responders who possess knowledge relevant to the public safety-related questions raised in the Public Notice are presently occupied with preparing for and conducting emergency responses to the COVID-19 public safety crisis. See Extension Request at 2.
  Under such circumstances, we agree that an extension of three weeks for each deadline is warranted.  At the same time, we agree with Requesters that “the Commission has a duty to conduct its remand proceedings in an expeditious manner,” Id. at 3.
 and we find that this consideration counsels for a shorter extension than the full 30 days requested.  
5. Accordingly, IT IS ORDERED, pursuant to sections 0.204, 0.291, and 1.46 of the Commission’s rules, 47 CFR §§ 0.204, 0.291, 1.46, that the Motion for Extension of Time filed by Requestors on March 11, 2020 is GRANTED to the extent described herein. 
6. IT IS ALSO ORDERED that the date for filing comments on the Public Notice is EXTENDED to April 20, 2020, and the date for filing reply comments is EXTENDED to May 20, 2020. 
7. To request materials in accessible formats (such as Braille, large print, electronic files, or audio format), send an e-mail to: fcc504@fcc.gov, or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice) or (202) 418-0432 (TTY). 
8. For further information concerning this proceeding, please contact Annick Banoun, Competition Policy Division, Wireline Competition Bureau, (202) 418-1521, Annick.Banoun@fcc.gov. 

FEDERAL COMMUNICATIONS COMMISSION 


Kris Anne Monteith
Chief
Wireline Competition Bureau
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