Editorial Note on Part 1
Editorial Note: Nomenclature changes to part 1 appear at 63 FR 54077, Oct. 8, 1998.

§ 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]