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 Federal  Communications  Commission  FCC  03-  271 
 STATEMENT  OF  CHAIRMAN  MICHAEL  K.  POWELL 
 CONCURRING  IN  PART,  DISSENTING  IN  PART 
 Re:  Verizon  Petition  for  Forbearance  from  the  Prohibition  of  Sharing  Operating,  Installation,  and  Maintenance  Functions  Under  Section  53.203(  a)(  2)  of  the 
 Commission’s  Rules,  CC  Docket  No.  96-  149 
 I  am  troubled  by  the  Commission’s  unwillingness  to  consider  Verizon’s  request  for  forbearance  from  the  ban  on  sharing  operation,  installation  and  maintenance  functions 
 (“  OI&  M”).  In  section  10  of  the  Act,  Congress  granted  this  Commission  powerful  and  sweeping  forbearance  authority  to  address  situations  such  as  these.  Nonetheless,  my 
 colleagues  prefer  addressing  the  continued  viability  of  our  OI&  M  rules  in  the  context  of  a  notice  and  comment  rulemaking.  I  hope  to  conclude  that  rulemaking  expeditiously. 
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 Federal  Communications  Commission  FCC  03-  271 
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