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Denial of Extension Request of USTelecom Regarding Sec 706 NOI

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Released: August 29, 2014
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Federal Communications Commission

DA 14-1258

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Inquiry Concerning the Deployment of

)

Advanced Telecommunications Capability to

)

GN Docket No. 14-126

All Americans in a Reasonable and Timely

)

Fashion, and Possible Steps to Accelerate Such

)

Deployment Pursuant to Section 706 of the

)

Telecommunications Act of 1996, as Amended

)

by the Broadband Data Improvement Act

)

ORDER

Adopted: August 29, 2014

Released: August 29, 2014

By the Acting Chief, Competition Policy Division, Wireline Competition Bureau:

1.

In this Order, the Competition Policy Division of the Wireline Competition Bureau denies a

request by the United States Telecom Association (USTelecom) for an extension of time to file comments

and reply comments in the Commission’s above-captioned proceeding. On August 5, 2014, the

Commission released a Notice of Inquiry1 seeking comment on the deployment of advanced

telecommunications services pursuant to section 706 of the Telecommunications Act of 1996.2

The

Notice of Inquiry established a pleading cycle in the proceeding that set the comment date as September

4, 2014, and the reply comment date as September 19, 2014.3

2.

On August 27, 2014, USTelecom filed a request for an extension of time to file comments in

this proceeding, specifically asking the Commission to grant a 30 day extension for the filing of

comments and reply comments.4 USTelecom argues that an extension of time will enable it and other

commenters to gather and submit appropriate and useful information, and to submit thoughtful analyses

regarding issues that USTelecom describes as new and novel, such as the role of mobile and satellite

1 Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a

Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the

Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act Telecommunications

Bureau Seeks Comment on Clear RF Request for Determination of Equivalent Protection, Tenth Broadband

Progress Notice of Inquiry, GN Docket No. 14-126, FCC 14-113 (rel. Aug. 5, 2014) (Notice of Inquiry).

2 Section 706 of the Telecommunications Act of 1996, Pub. L. No. 104-104, § 706, 110 Stat. 56, 153 (1996), as

amended by the Broadband Data Improvement Act, Pub. L. No. 110-385, 122 Stat. 4096 (2008), is now codified in

Title 47, Chapter 12 of the United States Code. See 47 U.S.C. § 1302.

3 Notice of Inquiry, available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-14-113A1.pdf.

4 USTelecom’s Request for Extension of Comment and Reply Comment Deadlines, Notice of Inquiry, GN Docket

No. 14-126, at 1 (filed Aug 27, 2014) (Petition).

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Federal Communications Commission

DA 14-1258

internet access, and the use of multiple devices within one household.5 USTelecom further argues that

granting an extension of time for comments will yield a more robust record for the Commission’s review,

and help ensure that the Commission’s objective of making a reasoned determination about whether

broadband is being “deployed to all Americans in a reasonable and timely fashion” is achieved.6

3.

We conclude that a grant of an extension of time in the above captioned proceeding is not

warranted. Extensions of time are not routinely granted,7 and we find that the circumstances cited by

USTelecom do not warrant a grant of additional time. The statute requires the Commission to “complete

[its] inquiry within 180 days after its initiation.”8 We find that the Commission provided adequate time

for public comment, and note that the Commission has asked, in prior Notices of Inquiry, about how the

Commission should incorporate various services, including mobile and satellite services, in the

Broadband Progress Report. We further find that granting the requested extension would impair the

Commission’s ability to complete its inquiry within the statutory time frame. For these reasons, we deny

USTelecom’s Request for Extension of Time, and the pleading cycles originally established in the Notice

of Inquiry in WC Docket No. 14-126 will remain in effect.9

4.

IT IS ORDERED that, pursuant to sections 4(i), 4(j), 5(c) and 303(r) of the Communications

Act of 1934, as amended, 47 U.S.C. §§ 154(i), 154(j), 155(c) and 303(r), and sections 0.91, 0.291, and

1.46 of the Commission’s rules, 47 C.F.R. §§ 0.91, 0.291, 1.46, the Request for an Extension of Time

filed by USTelecom IS DENIED.

5.

IT IS FURTHER ORDERED that, pursuant to section 1.102(b)(1) of the Commission’s rules,

47 C.F.R. § 1.102(b)(1), this Order SHALL BE EFFECTIVE upon release.

FEDERAL COMMUNICATIONS COMMISSION

Randy Clarke

Acting Chief

Competition Policy Division

Wireline Competition Bureau

5 Petition at 2.

6 Petition at 2-3.

7 47 C.F.R. § 1.46.

8 47 U.S.C § 1302(b).

9 See supra para. 1.

2

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