---
kind: "section"
citation: "47 C.F.R. § 1.54"
title: "47"
number: "1.54"
heading: "Petitions for forbearance must be complete as filed."
url: "https://uscodex.org/cfr/47/1.54"
---

# §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](/cfr/47/1.49.md).
  - (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 <I>prima facie</I> case for relief.**
  - (3) **Appendices that list—**
    - (i) The scope of relief sought as required in [§ 1.54(a)](#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.**

## Notes

### Amendments

[74 FR 39227, Aug. 6, 2009]

### Source

Source: 28 FR 12415, Nov. 22, 1963, unless otherwise noted.

### Authority

Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47 U.S.C. 1754, unless otherwise noted.

### Amendments

[74 FR 39227, Aug. 6, 2009]