Federal Communications Commission
DA 13-268
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
)
)
Petition of CenturyLink for Forbearance
)
WC Docket No. 12-60
Pursuant to 47 U.S.C. § 160(c) from
)
Dominant Carrier and Certain Computer
)
Inquiry Requirements on Enterprise
)
Broadband Services
)
ORDER
Adopted: February 22, 2013
Released: February 22, 2013
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),1 we extend by 90 days the date by which the petition requesting forbearance filed by
CenturyLink 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.2
2.
On February 23, 2012, CenturyLink filed a petition requesting that the Commission
forbear from “dominant carrier regulation and the
Computer Inquiry tariffing requirement with respect to
its packet-switched and optical transmission services” for those services subject to the regulations.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 10(a)
within one year after the Commission receives it, unless the one-year period is extended by the
Commission.4 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).5
3.
The CenturyLink Petition raises significant questions regarding whether forbearance
from application of certain statutory and regulatory requirements for CenturyLink’s provision of
telecommunications services meets the statutory requirements set forth in section 10(a). Further, on
December 7, 2012, CenturyLink filed an
ex parte letter with the Commission providing new data
regarding its revenues and competition related to its forbearance request.6 We conclude that additional
time is required to fully examine whether the forbearance requested by CenturyLink meets the statutory
1
See 47 U.S.C. § 160.
2 47 U.S.C. § 160(a), (c); 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) (CenturyLink Petition).
3 CenturyLink Petition at 1, 9-10. On March 6, 2012, the Wireline Competition Bureau (Bureau) sought comment
on CenturyLink’s petition.
Pleading Cycle Established for Comments on CenturyLink Petition for Forbearance
from Dominant Carrier and Certain Computer Inquiry Requirements on Enterprise Broadband Services, WC
Docket No. 12-60, Public Notice, 27 FCC Rcd 2306 (2012).
4 47 U.S.C. § 160(c).
5
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).
6
See Letter from Melissa Newman, CenturyLink, to Marlene H. Dortch, Secretary, FCC, WC Docket No. 12-60
(filed Dec. 7, 2012).
Federal Communications Commission
DA 13-268
requirements set forth in section 10(a) of the Act. A 90-day extension is therefore necessary under
section 10(c) of the Act.7
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 CenturyLink 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 24, 2013.
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
Julie A. Veach
Chief
Wireline Competition Bureau
7 47 U.S.C. § 160(c).
2
