STATEMENT OF
COMMISSIONER MICHAEL J. COPPS
Re: 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, Notice of Proposed Rulemaking
My experience with forbearance over the last two and a half years has been that it is a 
process that leaves much to be desired.  Too often forbearance has resulted in industry driving the 
FCC’s agenda rather than the reverse being true. Decisions are based upon records lacking in data 
and the Commission faces a statutory deadline that requires a decision with or without such data.  
Perhaps most egregious is the fact that if the Commission fails to act, forbearance petitions may 
go into effect based upon the industry’s reasoning rather than the Commission’s own 
determination.  All of this is to say that I do not believe that forbearance is being used today in 
the manner intended by Congress.  Permanently addressing these flaws will require a legislative 
fix but there are procedural protections that the FCC can implement on its own authority to 
mitigate some of these problems.  I am therefore pleased to support this item which is the first 
step to developing procedural rules to improve the handling of forbearance petitions by the FCC.  
There is an urgent need to adopt procedural protections given that we have numerous forbearance 
petitions currently pending before the Commission.  I am hopeful that the Commission can do so 
quickly before we become the Forbearance Communications Commission.