According to the FCC Public notive below some CLEC’s are still fighting Verizon. It looks like this forbearance order slipped the cracks before without any action. Covad, Nuvox and XO are the original filer of the petition.
Federal Communications Commission
445 12th St., S.W.
Washington, D.C. 20554
News Media Information 202 / 418-0500
Released: July 30, 2007
WIRELINE COMPETITION BUREAU SEEKS COMMENT ON THE MOTION OF
COVAD COMMUNICATIONS GROUP, NUVOX COMMUNICATIONS, INC., AND XO
COMMUNICATIONS, LLC FOR EXPEDITED ORDER ON VERIZON PETITION FOR
PLEADING CYCLE ESTABLISHED
WC Docket No. 04-440
Comment Date: August 13, 2007
Reply Comment Date: August 17, 2007
In this Notice, the Wireline Competition Bureau seeks comment on a petition filed by
Covad Communications Group, NuVox Communications, Inc., and XO Communications, LLC
(jointly, Petitioners) requesting that the Commission issue a written order addressing the Verizon
Telephone Companies’ (Verizon) petition seeking forbearance from certain regulatory
requirements applicable to its provision of broadband services.1 Specifically, Petitioners seek
either a written order denying Verizon any regulatory forbearance for its broadband services, or
an order expressly limiting the grant of forbearance to the particular types of broadband services
and the Title II regulations specified by Verizon in its February 7, 2006 ex parte letter.2
Petitioners request that the Commission address the merits of the Verizon broadband forbearance
petition prior to the expiration of the statutory deadline for Commission action on pending
forbearance petitions seeking similar relief filed by Qwest Corp., AT&T Inc., BellSouth Corp.,
Frontier and Citizens, and the Embarq local operating companies.3
Interested parties may file comments on the petition on or before August 13, 2007 and
reply comments on or before August 17, 2007. All pleadings are to reference WC Docket No.
1 See Petition of the Verizon Telephone Companies for Forbearance Under 47 U.S.C. § 160(c) from Title II
and Computer Inquiry Rules with Respect to Their Broadband Services, WC Docket No. 04-440 (filed Dec.
20, 2004) (Verizon Forbearance Petition); Motion for Expedited Order on Verizon Petition for
Forbearance, WC Docket No. 04-440 (filed July 25, 2007) (Covad et al. Motion). On March 19, 2006, the
Verizon Forbearance Petition was deemed granted by operation of law. See Verizon Telephone Companies’
Petition for Forbearance from Title II and Computer Inquiry Rules with Respect to their Broadband
Services Is Granted by Operation of Law, News Release, WC Docket No. 04-440, 2006 WL 707632
(2006). Multiple parties petitioned for review, and the consolidated appeals are currently pending in the
U.S. Court of Appeals for the D.C. Circuit. See Sprint Nextel Corp. v. FCC, Case No. 06-1111 (D.C. Cir.).
2 See Covad et al. Motion at 1 & n.2.
3 We note that the statutory deadlines for each of these forbearance petitions have been extended, see
Covad et al. Motion at n.4, and that the deadline for the Qwest petition will be the first to occur, on
September 11, 2007. See Qwest Petition for Forbearance Under 47 U.S.C. § 160(c) from Title II and
Computer Inquiry Rules with Respect To Broadband Services, WC Docket No. 06-125, Order, DA 07-2399
(WCB rel. June 8, 2007).
04-440. Comments may be filed using: (1) the Commission’s Electronic Comment Filing
System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies.4
§ Electronic Filers: Comments may be filed electronically using the Internet by accessing
the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal:
http://www.regulations.gov. Filers should follow the instructions provided on the
website for submitting comments.
§ For ECFS filers, if multiple docket or rulemaking numbers appear in the caption
of this proceeding, filers must transmit one electronic copy of the comments for
each docket or rulemaking number referenced in the caption. In completing the
transmittal screen, filers should include their full name, U.S. Postal Service
mailing address, and the applicable docket or rulemaking number. Parties may
also submit an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to email@example.com, and include the following words in
the body of the message, “get form.” A sample form and directions will be sent
§ Paper Filers: Parties who choose to file by paper must file an original and four copies of
each filing. If more than one docket or rulemaking number appears in the caption of this
proceeding, filers must submit two additional copies for each additional docket or
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or
by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in
receiving U.S. Postal Service mail). All filings must be addressed to the Commission’s Secretary,
Office of the Secretary, Federal Communications Commission.
§ The Commission’s contractor will receive hand-delivered or messenger-delivered
paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE,
Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00
a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or
fasteners. Any envelopes must be disposed of before entering the building.
§ Commercial overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD
§ U.S. Postal Service first-class, Express, and Priority mail should be addressed to
445 12th Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with
disabilities (braille, large print, electronic files, audio format), send an e-mail to firstname.lastname@example.org
or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
Parties should also send a copy of their filings to Janice Myles, Competition Policy
Division, Wireline Competition Bureau, Federal Communications Commission, Room 5-C140,
445 12th Street, SW, Washington, DC 20554, or by e-mail to Janice.Myles@fcc.gov. Parties shall
also serve one copy with the Commission’s copy contractor, Best Copy and Printing, Inc. (BCPI),
Portals II, 445 12th Street, SW, Room CY-B402, Washington, DC 20554, (202) 488-5300, or via
e-mail to email@example.com.
4 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and
Order, 13 FCC Rcd 11322 (1998).
Documents in WC Docket No. 04-440 are available for public inspection and copying
during business hours at the FCC Reference Information Center, Portals II, 445 12th St. SW,
Room CY-A257, Washington, D.C. 20554. The documents may also be purchased from BCPI,
telephone (202) 488-5300, facsimile (202) 488-5563, TTY (202) 488-5562, e-mail
firstname.lastname@example.org. These documents may also be viewed on the Commission’s website at
For further information, contact Heather Hendrickson of the Competition Policy
Division, Wireline Competition Bureau, at (202) 418-7295.