Goto Section: 1.53 | 1.55 | Table of Contents
FCC 1.54
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.54 Petitions for forbearance must be complete as filed.
(a) Description of relief sought. Petitions for forbearance must identify
the requested relief, including:
(1) Each statutory provision, rule, or requirement from which forbearance is
sought.
(2) Each carrier, or group of carriers, for which forbearance is sought.
(3) Each service for which forbearance is sought.
(4) Each geographic location, zone, or area for which forbearance is sought.
(5) Any other factor, condition, or limitation relevant to determining the
scope of the requested relief.
(b) Prima facie case. Petitions for forbearance must contain facts and
arguments which, if true and persuasive, are sufficient to meet each of the
statutory criteria for forbearance.
(1) A petition for forbearance must specify how each of the statutory
criteria is met with regard to each statutory provision or rule, or
requirement from which forbearance is sought.
(2) If the petitioner intends to rely on data or information in the
possession of third parties, the petition must identify:
(i) The nature of the data or information.
(ii) The parties believed to have or control the data or information.
(iii) The relationship of the data or information to facts and arguments
presented in the petition.
(3) The petitioner shall, at the time of filing, provide a copy of the
petition to each third party identified as possessing data or information on
which the petitioner intends to rely.
(c) Identification of related matters. A petition for forbearance must
identify any proceeding pending before the Commission in which the
petitioner has requested, or otherwise taken a position regarding, relief
that is identical to, or comparable to, the relief sought in the forbearance
petition. Alternatively, the petition must declare that the petitioner has
not, in a pending proceeding, requested or otherwise taken a position on the
relief sought.
(d) Filing requirements. Petitions for forbearance shall comply with the
filing requirements in § 1.49.
(1) Petitions for forbearance shall be e-mailed to forbearance@fcc.gov at
the time for filing.
(2) All filings related to a forbearance petition, including all data, shall
be provided in a searchable format. To be searchable, a spreadsheet
containing a significant amount of data must be capable of being manipulated
to allow meaningful analysis.
(e) Contents. Petitions for forbearance shall include:
(1) A plain, concise, written summary statement of the relief sought.
(2) A full statement of the petitioner's prima facie case for relief.
(3) Appendices that list:
(i) The scope of relief sought as required in § 1.54(a);
(ii) All supporting data upon which the petition intends to rely, including
a market analysis; and
(iii) Any supporting statements or affidavits.
(f) Supplemental information. The Commission will consider further facts and
arguments entered into the record by a petitioner only:
(1) In response to facts and arguments introduced by commenters or
opponents.
(2) By permission of the Commission.
[ 74 FR 39227 , Aug. 6, 2009]
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Goto Section: 1.53 | 1.55
Goto Year: 2014 |
2016
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