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FCC RIN: 3060-AJ31 Publication ID: Fall 2010 
Title: ●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) 
Abstract: This Report and Order implements procedural rules governing petitions for forbearance filed pursuant to section 10 of the Communications Act of 1934, as amended. Pursuant to section 10, the Commission shall forbear from applying any statutory provision or regulation if it determines that: (1) Enforcement of the regulation is not necessary to ensure that the telecommunications carrier’s charges, practices, classifications, or regulations are just, reasonable, and not unjustly or unreasonably discriminatory; (2) enforcement of the regulation is not necessary to protect consumers; and (3) forbearance from applying such provision or regulation is consistent with the public interest. In determining whether forbearance is consistent with the public interest, the Commission also must consider whether forbearance from enforcing the provision or regulation will promote competitive market conditions. The Commission must act on forbearance petitions within one year; if the Commission fails to act the petition is deemed granted. In order to act within 1 year, and to present a stable petition for comment, this Order requires that forbearance petitions must be complete as filed. This rule requires forbearance petitioners to state with specificity all relevant provisions, rules, carriers, services, geographic areas, and other factors; to apply each statutory criterion to each rule; to identify needed data that the petitioner lacks; to meet routine filing requirements at 47 C.F.R §1.49; and to send the petition to forbearance@fcc.gov, together with supporting data (including market data) and any supporting statements. The Order further clarifies that whenever a petitioner files a petition for forbearance, the petitioner bears the burden of proof with respect to establishing that the statutory criteria for granting forbearance are met. The Order adopts procedures to ensure that forbearance petitions are addressed in a manner that is actively managed, transparent, and fair. Notable among these are rules restricting ex parte communications 14 days before the deadline for Commission action, and limiting unauthorized withdrawals of forbearance petitions after the reply comment date plus 10 business days. 
Agency: Federal Communications Commission(FCC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 47 CFR 1.49 (f)(1)(iv)    47 CFR 1.54    47 CFR 1.55    47 CFR 1.56    47 CFR 1.57    47 CFR 1.58    47 CFR 1.59   
Legal Authority: 47 USC 151    47 USC 154 (i)    47 USC 154 (j)    47 USC 155(c)    47 USC 160    47 USC 201    47 USC 303(r)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  02/06/2008  73 FR 6888   
Final Action  08/06/2009  74 FR 39219   
Next Action Undetermined  To Be Determined    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Jonathan Reel
Attorney Advisor
Federal Communications Commission
Wireline Competition Bureau, 445 12th Street SW.,
Washington, DC 20554
Phone:202 418-0637
Email: jonathan.reel@fcc.gov