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FairPoint Communications, Inc.

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Released: July 2, 2014
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Federal Communications Commission

DA 14-962

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of

)

)

Revision of ARMIS Annual Summary Report

)

(FCC Report 43-01), ARMIS USOA Report

)

(FCC Report 43-02), ARMIS Joint Cost Report

)

(FCC Report 43-03), ARMIS Access Report

)

(FCC Report 43-04), ARMIS Service Quality

)

Report (FCC Report 43-05), ARMIS Customer

)

Satisfaction Report (FCC Report 43-06), ARMIS

)

CC Docket No. 86-182

Infrastructure Report (FCC Report 43-07),

)

ARMIS Operating Data Report (FCC Report 43-

)

08), ARMIS Forecast of Investment Usage Report

)

(FCC Report 495A), and ARMIS Actual Usage of

)

Investment Report (FCC Report 495B) for Certain

)

Class A and Tier 1 Telephone Companies

)

ORDER

Adopted: July 2, 2014

Released: July 2, 2014

By the Chief, Industry Analysis and Technology Division, Wireline Competition Bureau:

1.

On May 23, 2014, FairPoint Communications, Inc. (FairPoint) requested a further 60-day

extension of time to file its 2013 Automated Reporting Management Information System (ARMIS)

reports for its two study areas associated with Northern New England Telephone Operations LLC and its

one study area associated with Telephone Operating Company of Vermont LLC.1

2.

We grant an additional 60-day extension of the deadline for FairPoint to file its ARMIS

reports for the three study areas identified above. We note that although FairPoint has not yet filed its

ARMIS Report, it is still subject to Part 32 data requirements and the Cost Assignment Rules, so the

information needed to complete the Reports is being maintained by the carrier; moreover, FairPoint has

stated its intent to complete and submit the Reports prior to expiration of this extension.2

The

Commission recently granted carriers such as FairPoint conditional forbearance from the majority of

ARMIS reporting requirements.3

The nature of this conditional forbearance shows that, although there is

1 Letter from Karen Brinkmann, Counsel to FairPoint, to Marlene H. Dortch, Secretary, Federal Communications

Commission, CC Docket No. 86-182 (filed May 23, 2014) (FairPoint May Letter). FairPoint submitted a prior 60-

day extension request for filing 2013 ARMIS data, which was granted on March 20, 2014. Revision of ARMIS

Annual Summary Report et al., CC Docket No. 86-182, Order, 29 FCC Rcd 3079 (Wireline Comp. Bur. 2014). In

that order, we waived the April deadline contained in section 43.21 of the Commission’s rules. See 47 C.F.R. §

43.21.

2 Fairpoint May Letter at 3.

3 Petition of USTelecom for Forbearance Under 47 U.S.C. § 160(c) from Enforcement of Certain Legacy

Telecommunications Regulations, WC Docket No. 12-61, Memorandum Opinion and Order, 28 FCC Rcd

7627, 7675-76, para. 107 (2013), pet. for rev. pending sub nom. Verizon and AT&T v. FCC, No. 13-1220 (D.C. Cir.

filed July 15, 2013).

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Federal Communications Commission

DA 14-962

still a need for the carrier to maintain the data and be able to provide it to the Commission in a timely

manner upon request, access to the data by the Commission need not be instantaneous. Therefore, in this

particular instance we find an additional extension of time acceptable. However, we do not anticipate

granting any further extensions.

3.

ACCORDINGLY, IT IS ORDERED, pursuant to sections 1-5 of the Communications Act of

1934, as amended, 47 U.S.C. §§ 151-155, and sections 0.91, 0.291, and 1.46 of the Commission’s rules,

47 C.F.R. §§ 0.91, 0.291, and 1.46, that the FairPoint Communications, Inc. Request for Waiver of

section 43.21 of the Commission’s rules, 47 C.F.R. § 43.21, IS GRANTED to the extent described herein

and FairPoint Communications, Inc. has an extension of time, until July 31, 2014, to file its 2013 ARMIS

reports for its two study areas associated with Northern New England Telephone Operations LLC and its

one study area associated with Telephone Operating Company of Vermont LLC.

FEDERAL COMMUNICATIONS COMMISSION

Rodger A. Woock

Chief

Industry Analysis and Technology Division

Wireline Competition Bureau

2

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