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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ********************************* ******************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Implementation of the ) Telecommunications Act of 1996 ) ) Telecommunications Carriers' Use of) CC Docket No. 96-115 Customer Proprietary Network ) Information and Other Customer ) Information ) ) Implementation of the Non-Accounting) CC Docket No. 96-149 Safeguards of Sections 271 and 272 of the) Communications Act of 1934, as amended) ORDER Adopted: May 7, 1999 Released: May 7, 1999 By the Deputy Chief, Common Carrier Bureau: 1. On February 26, 1998, the Commission released the CPNI Order in the above- captioned proceeding. On April 24, 1998, the Cellular Telecommunications Industry Association (CTIA) filed a Request for Deferral and Clarification of the CPNI Order. We will address the CTIA petition in a later order. On April 29, 1998, GTE Service Corporation filed a Petition for Temporary Forbearance from the CPNI Order. GTE subsequently withdrew its petition. 2. On May 8, 1998, SBC Communications Inc. (SBC) filed comments in support of the CTIA and GTE petitions, as well as its own Petition for Temporary Forbearance or Deferral (Temporary Petition). SBC requested that the Commission forbear from applying, or defer the effective date of, section 64.2005(b)(1) of the Commission's rules in connection with the use of customer proprietary network information (CPNI) to market customer premises equipment (CPE) and information services for CMRS providers. SBC also requested that the Commission temporarily forbear from applying, or defer the effective date of, the following rules: (1) section 64.2005(b)(1) in connection with the provision of wireline voice mail services, caller ID, call waiting, and ADSL services; and (2) section 64.2005(b)(3) relating to use of CPNI for "winback" purposes. Finally, SBC requested that the Commission clarify that the CPNI Order and the Commission's rules do not apply to "retention" efforts, or in the alternative, temporarily forbear from applying, or defer their effective date to the extent that the Commission applies them to retention efforts. 3. On June 25, 1998, SBC filed an Alternative Petition for Forbearance (Alternative Petition). In its Alternative Petition, SBC argues that the Commission should reconsider and rescind, or forbear from applying, section 64.2005(b)(1) with respect to CMRS providers. SBC also argues that the Commission should reconsider and rescind, or forbear from applying, section 64.2005(b)(1) with respect to wireline CPE and voice mail-related services. 4. The issues raised in the SBC petitions and SBC's views on these issues have been raised in other petitions for reconsideration and forbearance of the CPNI Order and, for the reasons discussed below, we will consider them in that context. Moreover, SBC's petitions are so fatally flawed procedurally that it would not be productive for the Commission to address the petitions here. The fundamental procedural flaw is that SBC is seeking forbearance but has not adequately raised the forbearance requests in accordance with section 10 of the Communications Act. Specifically, in its Temporary Petition, SBC fails to explain why section 10 of the Communications Act requires the Commission to temporarily forbear from applying the effective date of the above-referenced rule sections. Also, in its Alternative Petition, SBC fails to explain why section 10 requires the Commission to forbear from applying section 64.2005(b)(1) to CMRS providers or with respect to wireline CPE and voice mail-related services. We therefore conclude that we have insufficient information on which to determine whether the three-prong test for the grant of forbearance under section 10 is satisfied for either petition and we will deny the petitions. However, we will treat both petitions as comments when we consider the other petitions for reconsideration and forbearance of the CPNI Order. 5. Accordingly, IT IS ORDERED, pursuant to Section 10 of the Communications Act of 1934, as amended, 47 U.S.C.  160, and authority delegated under Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91 and 0.291, that the Petition for Temporary Forbearance or Deferral filed by SBC Communications Inc., and the Alternative Petition for Forbearance file by SBC Communications Inc, ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Robert C. Atkinson Deputy Chief Common Carrier Bureau