Commission Document

Federal Communications Commission

DA 12-95

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Telecommunications Carriers Eligible for Support
)
WC Docket No. 09-197
)
American Broadband Petition for Forbearance
)

ORDER

Adopted: January 27, 2012

Released: January 27, 2012

By the Chief, Wireline Competition Bureau:
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 date by which the petition requesting forbearance filed by American
Broadband & Telecommunications (American Broadband) shall be deemed granted in the absence of a
Commission decision that the petition fails to meet the standards for forbearance under section 10(a) of
the Act.1
2.
On February 25, 2011, American Broadband filed a petition requesting that the
Commission forbear from applying the requirements of section 214(e)(1)(A) of the Act, to the extent that
those provisions require a common carrier designated as an eligible telecommunications carrier to offer
services supported by the federal universal service support mechanisms using either its own facilities or a
combination of its own facilities and another carrier’s services.2 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 10(a) within one year after the Commission
receives it, unless the one-year period is extended by the Commission.3 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).4
3.
We conclude that additional time is required to fully examine whether the forbearance
requested by American Broadband meets the statutory requirements set forth in section 10(a) of the Act.
A 90-day extension is therefore necessary under section 10(c) of the Act.5
4.
ACCORDINGLY, IT IS ORDERED, pursuant to section 10 of the Communications Act
of 1934, as amended, 47 U.S.C. § 160, and authority delegated under 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 the petition seeking forbearance
filed by American Broadband & Telecommunications shall be deemed granted, in the absence of a
Commission denial of the petition for failure to meet the statutory standards for forbearance, IS
EXTENDED to May 25, 2012.


1 47 U.S.C. § 160(c) and (a); American Broadband & Telecommunication. Petition for Forbearance, WC Docket No.
09-197 (filed Feb. 25, 2011) (Petition).
2 Petition at 1; 47 U.S.C. § 214(e)(1)(A).
3 47 U.S.C. § 160(c).
4 Id.; see, e.g., Petition of Ameritech Corporation for Forbearance from Enforcement of Section 275(a) of the
Communications Act of 1934, As Amended, CC Docket No. 98-65, Order, 14 FCC Rcd 6415 (Com. Car. Bur. 1999).
5 47 U.S.C. § 160(c).

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Federal Communications Commission

DA 12-95

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
Sharon E. Gillett
Chief
Wireline Competition Bureau
2

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