*Pages 1--1 from Microsoft Word - 48463.doc* Federal Communications Commission FCC 05- 95 STATEMENT OF CHAIRMAN KEVIN J. MARTIN Re: In the Matter of Petition of SBC Communications Inc. for Forbearance from the Application of Title II Common Carrier Regulation to IP Platform Services, WC Docket No. 04- 29 Although, by today’s action, we deny SBC’s forbearance petition on procedural grounds, I believe that the issues presented by this petition are important ones that require the Commission’s attention. In the instant item, the Commission concluded that we were unable to forbear from Title II requirements that “may or may not” apply to IP platform services. As I have said on many occasions, and reiterate now as Chairman, investment in broadband facilities, such as the IP platforms at issue here, is critical to providing American consumers with 21st century advanced services. Accordingly, in order to accomplish what will be one of the Commission’s core priorities – promoting the deployment of new packetized networks throughout the nation – we should move forward to address the creation of a level- playing field for the provision of advanced services by similarly situated service providers. The removal of legacy regulations should spur investment and the deployment of new packetized networks and facilities that will bring new broadband services to all Americans throughout the nation. I look forward to working with my colleagues in the upcoming months as we tackle these critical issues together. 1