Federal Communications Commission	DA 20-799


DA 20-799
Released:  July 29, 2020

QUIET PERIOD ANNOUNCED FOR NETWORK COMMUNICATIONS INTERNATIONAL CORPORATION FORBEARANCE PETITION
WC Docket No. 19-232

Quiet Period Began:  July 27, 2020
On August 9, 2019, Network Communications International Corporation (NCIC) filed a petition pursuant to section 10 of the Communications Act of 1934, as amended (the Act), requesting forbearance from the application of Universal Service Fund contribution requirements set forth in section 254(d) of the Act and section 54.706 of the Commission’s rules with respect to the provision of interstate and international inmate calling services. Petition for Forbearance of Network Communications International Corporation, WC Docket No. 19-232 (filed Aug. 9, 2019) (NCIC Petition).  
  The statutory date on which NCIC’s forbearance shall be deemed granted, in the absence of Commission action on the petition, is August 10, 2020. August 9, 2020 is the statutory deadline.  Pursuant to 47 CFR § 1.4(l), when Commission action is required by statute to be taken by a date that falls on a holiday (e.g., Saturday, Sunday, legal holiday), such action may be taken on the next business day.  August 9, 2020 falls on a Sunday; therefore, the Commission must act by Monday, August 10, 2020.

The Commission has implemented procedural rules governing forbearance petitions under section 10 of the Act. Petition to Establish Procedural Requirements to Govern Proceedings for Forbearance Under Section 10 of the Communications Act of 1934, as amended, WC Docket No. 07-267, Report and Order, 24 FCC Rcd 9543 (2009) (Forbearance Procedures Order).
  Section 1.58 of the Commission’s rules provides for a two-week quiet period before the statutory deadline for Commission action in forbearance proceedings. 47 CFR § 1.58.
  Section 1.58 extends the prohibition in section 1.1203(a) (governing contacts with decision makers concerning matters listed in the Sunshine Agenda) to petitions for forbearance “for a period of 14 days prior to the statutory deadline.” Forbearance Procedures Order, 24 FCC Rcd at 9561, para. 33 & n.110; 47 CFR §§ 1.58, 1.1203.
  This public notice announces the two-week quiet period. Forbearance Procedures Order, 24 FCC Rcd at 9560-61, para. 33.
  The quiet period for this proceeding runs from July 27, 2020 to August 10, 2020. “Absent unusual circumstances, this quiet period will end with the release of a Commission order addressing the forbearance petition[s], or if approved by the Commission, withdrawal of the petition by the petitioner.”  Forbearance Procedures Order, 24 FCC Rcd at 9561, para. 34.
  Accordingly, all presentations to decision makers concerning the NCIC Petition, whether ex parte or not, are prohibited during the two-week quiet period. 47 CFR §§ 1.58, 1.1203. 

For further information, please contact Karen Sprung, Telecommunications Access Policy Division, Wireline Competition Bureau at (202) 418-7400 or karen.sprung@fcc.gov.

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