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Comment Cycle set for CenturyLink Petitions for Forbearance or Waiver

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Released: January 14, 2014
PUBLIC NOTICE

Federal Communications Commission
445 12th St., S.W.

News Media Information 202 / 418-0500

Internet: http://www.fcc.gov

Washington, D.C. 20554

TTY: 1-888-835-5322

DA 14-36

Released: January 14, 2014

PLEADING CYCLE ESTABLISHED FOR COMMENTS ON CENTURYLINK

PETITIONS FOR FORBEARANCE FROM OR INTERIM WAIVER OF DOMINANT CARRIER

AND COMPUTER INQUIRY

TARIFFING REQUIREMENTS ON ENTERPRISE BROADBAND

SERVICES

WC Docket No. 14-9

Comment or Opposition Date: February 13, 2014
Reply Comment Date: February 28, 2014

On December 13, 2013, CenturyLink filed two petitions. CenturyLink filed a petition pursuant to
section 10 of the Communications Act of 1934, as amended,1 requesting that the Commission forbear
from “dominant carrier regulation and the Computer Inquiry tariffing requirement with respect to all of its
packet-switched and optical transmission services” that are subject to the regulations.2 Specifically,
CenturyLink seeks forbearance from 47 U.S.C. §§ 203, 204(a)(3), 47 C.F.R. §§ 1.54(a)(1), (e)(1), 61.31–
.59, 63.03, 63.71, and requirements from related Commission Orders.3 Due to mergers, CenturyLink’s
enterprise broadband services are subject to different degrees of regulation depending on which
CenturyLink affiliate—Qwest, Embarq, or CenturyTel—previously provided service in the area.4

1 See 47 U.S.C. § 160.
2 Petition of CenturyLink for Forbearance Pursuant to 47 U.S.C. §160(c) from Dominant Carrier Regulation and
Computer Inquiry Tariffing Requirements on Enterprise Broadband Services, WC Docket No. 14-9 (filed Dec. 13,
2013) (2013 CenturyLink Petition) at v. In 2012, CenturyLink submitted a similar petition to the Commission.
Petition of CenturyLink for Forbearance Pursuant to 47 U.S.C. §160(c) from Dominant Carrier and Certain
Computer Inquiry Requirements on Enterprise Broadband Services, WC Docket No. 12-60 (filed Feb. 23, 2012)
(2012 CenturyLink Petition). The Wireline Competition Bureau (WCB) issued data requests to assist the
Commission in evaluating CenturyLink’s request. Competition Data Requested in CenturyLink Forbearance
Petition
, Public Notice, WC Docket No. 12-60, 28 FCC Rcd 2075 (Wireline Comp. Bur. 2013); Letter from Julie A.
Veach, Chief, Wireline Competition Bureau, Federal Communications Commission, to Craig J. Brown, Associate
General Counsel, CenturyLink, Inc., WC Docket No. 12-60, DA 13-339 (Mar. 5, 2013). WCB subsequently granted
CenturyLink’s request to withdraw its petition and WCB withdrew its data request. Petition of CenturyLink for
Forbearance Pursuant to 47 U.S.C. § 160(c) from Dominant Carrier and Certain Computer Inquiry Requirements
on Enterprise Broadband Services
, Order, WC Docket No. 12-60, 28 FCC Rcd 3075 (Wireline Comp. Bur. 2013).
3 Id. at 7–8.
4 Id. at 5. The Commission granted forbearance to Qwest and Embarq. Qwest Petition for Forbearance Under 47
U.S.C. § 160(c) from Title II and
Computer Inquiry Rules with Respect to Broadband Services, Memorandum

CenturyLink filed an alternative petition in the event the Commission does not grant
CenturyLink’s forbearance request. In this petition, CenturyLink requests that the Commission waive the
dominant carrier regulations and Computer Inquiry tariffing requirements on an interim basis until the
Commission addresses the regulatory treatment of incumbent carrier enterprise broadband services on an
industry-wide basis.5
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419,
interested parties may file comments and reply comments on or before the dates indicated on the first
page of this document. Comments may be filed using the Commission’s Electronic Comment Filing
System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

Electronic Filers: Comments may be filed electronically using the Internet by accessing the
ECFS: http://fjallfoss.fcc.gov/ecfs2/.
 Paper Filers: Parties who choose to file by paper must file an original and one copy of each
filing. If more than one docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or rulemaking number.

Parties are strongly encouraged to file comments electronically using the Commission’s
ECFS.

Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-
class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary,
Office of the Secretary, Federal Communications Commission.

All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.

Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

Opinion and Order, WC Docket No. 06-125, 23 FCC Rcd 12260 (2008); Petition of the Embarq Local Operating
Companies for Forbearance Under 47 U.S.C. § 160(c) from Application of
Computer Inquiry & 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, Memorandum
Opinion and Order, WC Docket No. WC 06-147, 22 FCC Rcd 19478 (2007), aff'd sub nom. Ad Hoc Telecom Users
Committee v. FCC
, 572 F.3d 903 (D.C. Cir. 2009).
5 CenturyLink’s Alternative Petition for Interim Waiver of Dominant Carrier Regulation and Computer Inquiry
Tariffing Requirements Imposed on Enterprise Broadband Services, WC Docket No. 14-9 (filed Dec. 13, 2013)
(CenturyLink Waiver Petition).
2

The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.6 Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex
parte
rules.
For further information regarding this proceeding, contact Matt Warner, Competition Policy
Division, Wireline Competition Bureau, 202-418-2419.
- FCC -

6 47 C.F.R. §§ 1.1200 et seq.
3

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