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 STATEMENT  OF  COMMISSIONER  KEVIN  J.  MARTIN 
 Re:  Petition  for  Forbearance  of  the  Verizon  Telephone  Companies  Pursuant  to  47  U.  S.  C.  Sec.  160  (c);  SBC  Communications  Inc.  ’s;  SBC  Communications  Inc.  ’s  Petition 
 for  Forbearance  Under  47  U.  S.  C.  Sec.  160  (c);  Qwest  Communications  International  Inc.  Petition  for  Forbearance  Under  47  U.  S.  C.  Sec.  160(  c);  BellSouth  Telecommunications, 
 Inc.  Petition  for  Forbearance  Under  47  U.  S.  C.  Sec.  160(  c). 


 For  the  past  year,  I  have  called  on  the  Commission  to  take  quick  action  to  clarify  that  the  section  271  rules  do  not  trump  the  regulatory  relief  we  provided  in  our  recent 
 broadband  decisions.  I  am  pleased  that  today’s  action  continues  the  commitment  not  to  saddle  next-  generation  broadband  networks  and  facilities  with  unbundling  obligations 
 established  for  legacy  networks.  This  decision  should  encourage  the  rapid  deployment  of  new  investment  in  the  high-  speed  broadband  networks  and  facilities  that  will  provide 
 American  consumers  with  more  21  st  century  advanced  services. 
 I  join  my  colleagues  in  support  of  today’s  decision  to  forbear  from  enforcing  the  requirements  of  section  271,  with  regard  to  all  the  broadband  elements  that  the 
 Commission,  on  a  national  basis,  relieved  from  unbundling  in  the  Triennial  Review  Order  and  subsequent  broadband  decisions.  These  elements  are  fiber-  to-  the  home  loops,  fiber-to- 
 the-  curb  loops,  the  packetized  functionality  of  hybrid  loops,  packet  switching,  and  line-  sharing. 


 While  the  Commission  did  not  specifically  address  line  sharing  in  today’s  decision,  the  Bell  Operating  Companies  had  included  a  request  in  their  petitions  that  we 
 forbear  from  enforcing  the  requirements  of  section  271  with  respect  to  line  sharing.  1  Since  line-  sharing  was  included  in  their  request  for  broadband  relief  and  we  affirmatively 
 grant  their  request,  I  believe  today’s  order  also  forbears  from  any  Section  271  obligation  with  respect  to  line-  sharing.  Regardless  of  whether  it  was  affirmatively  granted,  because 
 the  Commission’s  decision  fails  to  deny  the  requested  forbearance  relief  with  respect  to  line  sharing,  it  is  therefore  deemed  granted  by  default  under  the  statute. 


 1  See,  e.  g.,  Verizon  Petition  for  Forbearance,  Review  of  the  Section  251  Unbundling  Obligations  of 
 Incumbent  Local  Exchange  Carriers,  CC  Dkt  No.  01-  338. 
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