Goto Section: 1.53 | 1.55 | Table of Contents

FCC 1.54
Revised as of December 3, 2019
Goto Year:2019 | 2021
  § 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: 2019 | 2021
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