47 CFR 1.54 - Petitions for forbearance must be complete as filed.

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§ 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]

Title 47 published on 2013-10-01

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  • 2014-06-26; vol. 79 # 123 - Thursday, June 26, 2014
    1. 79 FR 36231 - Modernizing the FCC Form 477 Data Program
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      FEDERAL COMMUNICATIONS COMMISSION
      Final rule; announcement of effective date.
      Sections 1.7001, 1.7002, 43.01 and 43.11, published at 78 FR 49126, were approved by the OMB on June 4, 2014 (OMB Control Number 3060-0816). Accordingly, the amendments to those sections published at 78 FR 49126, Aug. 13, 2013, are effective June 26, 2014.
      47 CFR Parts 1 and 43

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United States Code
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Executive Order ... 11609

Executive Order ... 12107

Title 47 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR 1 after this date.

  • 2014-08-06; vol. 79 # 151 - Wednesday, August 6, 2014
    1. 79 FR 45752 - Petitions for Reconsideration of Action in Rulemaking Proceeding
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      FEDERAL COMMUNICATIONS COMMISSION
      Petition for reconsideration.
      Oppositions to the Petitions must be filed by August 21, 2014. Replies to an opposition must be filed by September 2, 2014.
      47 CFR Parts 1, 2, and 27