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Quiet Period Announced for the USTelecom Forbearance Petition

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Released: April 29, 2013


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

News Media Information 202 / 418-0500


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-955

Released: April 29, 2013


WC Docket No. 12-61

Quiet Period Begins: 5:00 PM (EDT) on May 3, 2013

On February 16, 2012, USTelecom filed a petition pursuant to section 10 of the Communications
Act of 1934, as amended (the Act), requesting that the Commission forbear from enforcing certain
“legacy telecommunications regulations.”1 USTelecom seeks forbearance from a variety of statutory
provisions and regulations that USTelecom characterizes as falling into one of 17 categories.2 The
statutory date on which USTelecom’s forbearance petition shall be deemed granted, in the absence of a
Commission denial of the petition, is May 17, 2013.3
The Commission has implemented procedural rules governing forbearance petitions under section
10 of the Act.4 Section 1.58 of the Commission’s rules provide for a two-week quiet period before the
statutory deadline for Commission action in forbearance proceedings.5 Section 1.58 extends the
prohibition in section 1.1203(a) (governing contacts with decision makers concerning matters listed in the
Sunshine Agenda) to petitions for forbearance “for a period of 14 days prior to the statutory deadline.”6
This public notice announces the beginning of the two-week quiet period.7 The quiet period for this

1 Petition of United States Telecom Association for Forbearance Pursuant to 47 U.S.C. § 160(c), WC Docket No.
12-61 (filed Feb. 16, 2012).
2 Id.
3 Pursuant to section 10(c) of the Act, the Wireline Competition Bureau extended the initial one-year statutory
period by an additional 90 days, to May 17, 2013. See Petition of USTelecom for Forbearance from Enforcement of
Certain Legacy Telecommunications Regulations
, WC Docket No. 12-61, Order, 28 FCC Rcd 1077 (Wireline
Comp. Bur. 2012).
4 Petition to Establish Procedural Requirements to Govern Proceedings for Forbearance Under Section 10 of the
Communications Act of 1934, as amended,
WC Docket No. 07-267, Report and Order, 24 FCC Rcd 9543 (2009)
(Forbearance Procedures Order).
5 47 C.F.R. § 1.58 (stating that “[t]he prohibition in § 1.1203(a) on contacts with decision makers concerning matters
listed in the Sunshine Agenda shall also apply to a petition for forbearance for a period of 14 days prior to the
statutory deadline under 47 U.S.C. § 160(c) or as announced by the Commission”); 47 C.F.R. § 1.1203.
6 Forbearance Procedures Order, 24 FCC Rcd at 9561, para. 33 n.110; 47 C.F.R. §§ 1.58, 1.1203.
7 Forbearance Procedures Order, 24 FCC Rcd at 9560-61, para. 33.

proceeding begins at 5:00 pm (EDT) on May 3, 2013.8 Accordingly, all presentations to decision makers
concerning the USTelecom Petition, whether ex parte or not, are prohibited beginning at 5:00 pm (EDT)
on May 3, 2013.9
For further information, please contact Jennifer Prime, Competition Policy Division, Wireline
Competition Bureau at (202) 418-2403 or TTY (202) 418-0484.
- FCC -

8 “Absent unusual circumstances, this quiet period will end with the release of a Commission order addressing the
forbearance petition[s], or if approved by the Commission, withdrawal of the petition by the petitioner.”
Forbearance Procedures Order, 24 FCC Rcd at 9561, para. 34.
9 47 C.F.R. §§ 1.58, 1.1203. In accordance with the purpose of section 1.58 of the Commission’s rules, comments
submitted on any Commission blog pages during the quiet period will not be considered by the Commission in
finalizing the item under consideration.

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