******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Hyperion Telecommunications, Inc. ) CCB/CPD No. 96-3 Petition Requesting Forbearance ) ) Time Warner Communications ) CCB/CPD No. 96-7 Petition for Forbearance ) ORDER Adopted: March 20, 1997; Released: March 20, 1997 By the Deputy Chief, Common Carrier Bureau: I. INTRODUCTION 1. In this Order, pursuant to Section 10(c) of the Communications Act of 1934, as amended (the "Act"), we extend by 90 days the dates by which petitions for forbearance filed by Hyperion Telecommunications, Inc. and Time Warner Communications shall be deemed granted in the absence of a Commission decision that the petitions fail to meet the standards for forbearance under Section 10(a) of the Act. II. BACKGROUND 2. On March 21, 1996, Hyperion Telecommunications, Inc. (Hyperion) filed a petition requesting that the Commission forbear from imposing tariff filing requirements on competitive access providers (CAPs). On May 2, 1996, Time Warner Communications (Time Warner) filed a similar petition seeking forbearance from imposition of "tariff filing requirements on non-dominant telecommunications carriers in general, and on non-dominant providers of interstate access services in particular." We have received a number of comments from parties with respect to each petition. 3. Section 10(c) of the Act states that a petition for forbearance shall be deemed granted if the Commission does not deny the petition for failure to meet the requirements for forbearance under subsection (a) within one year after the Commission receives it, unless the one year period is extended by the Commission. The Commission may extend the initial one- year period by an additional 90 days if the Commission finds that an extension is necessary to meet the requirements of subsection 10(a). III. DISCUSSION 4. The petitions under review raise significant questions regarding whether forbearance from tariff filing requirements for certain nondominant common carriers, including those providing interstate exchange access service, meets the statutory requirements set forth in Section 10(a). The Bureau, thus, finds that a 90 day extension is warranted under Section 10. V. ORDERING CLAUSE 5. Accordingly, IT IS ORDERED, pursuant to Section 10 of the Communications Act of 1934, as amended, 47 U.S.C.  160, and Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91 and 0.291, that the date on which petitions for forbearance filed by Hyperion and Time Warner shall be deemed granted in the absence of a Commission denial of the petitions for failure to meet the statutory standards for forbearance, is extended to June 19, 1997, and July 31, 1997, respectively. FEDERAL COMMUNICATIONS COMMISSION A. Richard Metzger, Jr. Deputy Chief, Common Carrier Bureau