§ 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]

   return arrow Back to Top