JOINT STATEMENT OF 
COMMISSIONER MICHAEL J. COPPS AND
COMMISSIONER JONATHAN S. ADELSTEIN,
DISSENTING
Re:  In the Matters of Petition of the Embarq Local Operating Companies for Forbearance Under 47 
U.S.C. § 160(c) from Application of Computer Inquiry and Certain Title II Common-Carriage 
Requirements; Petition of the Frontier and Citizens ILECs for Forbearance Under Section 47 
U.S.C. § 160(c) from Title II and Computer Inquiry Rules with Respect to Their Broadband 
Services; WC Docket No. 06-147; Memorandum Opinion and Order (October 24, 2007)
This Order addresses two more in the queue of far-reaching forbearance requests for exemption 
from Title II and Computer Inquiry obligations for self-styled “broadband enterprise services.” Much as 
we found the evidence to support forbearance in the previous cases altogether underwhelming,1 we also 
find that this Order fails to meet the standards set out by Congress in Section 10 of the Act.
The Commission’s unwillingness to engage in a serious examination of the facts is particularly 
disappointing here, because it appears that these petitioners may be able to present a distinctly different 
portrait of competitive conditions in their markets. In this case, the Commission’s failure to insist that 
parties be explicit in their requests or detailed in the data they provide has certainly not helped the 
petitioners make their case. Moreover, this Order makes no attempt to grapple with the limited local 
market data filed in this proceeding.
As we have said before, these kinds of decisions are too important to be made without the in-
depth market analysis that might support them. We also are mindful of ongoing Congressional concerns 
with policymaking on forbearance petitions based upon inadequate analysis and data. The lack of data 
concerning the specific product and geographic markets at issue and this Order’s lack of analysis
continues to cause us great concern with both the substance and the process of granting these and similar 
forbearance petitions. 
For these reasons, we dissent from today’s Order.
  
1 See Joint Statement of Commissioners Michael J. Copps and Jonathan S. Adelstein, Petition of AT&T Inc. for 
Forbearance Under 47 U.S.C. § 160(c) from Title II and Computer Inquiry Rules with Respect to Its Broadband 
Services; Petition of BellSouth Corporation for Forbearance Under Section 47 U.S.C. § 160(c) from Title II and 
Computer Inquiry Rules with Respect to Its Broadband Services; WC Docket No. 06-125, Memorandum Opinion 
and Order (October 11, 2007).