FCC Grants Embarq, Frontier and Citizens Forbearance

FCC GRANTS EMBARQ, FRONTIER AND CITIZENS FORBEARANCE
[SOURCE: Federal Communications Commission]
The FCC issued an Order regarding the applications of Embarq and Frontier requesting the Commission forbear from applying Title II of the Act and the Computer Inquiry rules to certain broadband services. Consistent with its recent AT&T Title II and Computer Inquiry Forbearance Order, the Commission granted substantial forbearance relief to Embarq and Frontier with regard to their existing packet-switched broadband telecommunications services and their existing optical transmission services. Embarq and Frontier are relieved of their tariffing obligations under the Computer Inquiry rules in connection with these services, but must comply with the Computer Inquiry obligations that apply to all non-incumbent local exchange carrier (LEC), facilities-based wireline carriers. The Commission did not forbear from any statutory or regulatory requirement that applies to common carriers or LECs generally regardless of whether they are incumbents or competing carriers. In addition, Embarq and Frontier must continue to meet their public policy obligations under Title II and the Commission’s implementing rules with respect to the services at issue. The Order is effective on October 24, 2007.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-184A1.doc

* Chairman Martin statement:
"Broadband access is essential to an expanding Internet-based information economy. Promoting broadband deployment is one of the highest priorities of the FCC. To accomplish this goal, the Commission seeks to establish a policy environment that facilitates and encourages broadband investment, allowing market forces to deliver the benefits of broadband to consumers. Today, we take another step in establishing a regulatory environment that encourages such investments and innovation."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-184A2.doc

* Copps and Adelstein Joint Statement:
"This Order addresses two more in the queue of far-reaching forbearance requests for exemption from Title II and Computer Inquiry obligations for self-styled "broadband enterprise services." Much as we found the evidence to support forbearance in the previous cases altogether underwhelming, we also find that this Order fails to meet the standards set out by Congress in Section 10 of the Act. The Commission's unwillingness to engage in a serious examination of the facts is particularly disappointing here, because it appears that these petitioners may be able to present a distinctly different portrait of competitive conditions in their markets. In this case, the Commission's failure to insist that parties be explicit in their requests or detailed in the data they provide has certainly not helped the petitioners make their case. Moreover, this Order makes no attempt to grapple with the limited local market data filed in this proceeding."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-184A3.doc