Deprecated: mysql_connect(): The mysql extension is deprecated and will be removed in the future: use mysqli or PDO instead in /home/logoscr9/public_html/ on line 9
TeleAdvice, Inc. -
| | |
TeleAdvice Home Page
Services Company Information Policies Information Library

Information Library Article
5/24/2002: Federal Appeals Court Overturns FCC Local Competition Rules

Date: May 24, 2002

Abstract: Federal Appeals Court Overturns FCC Local Competition Rules

May 24, 2002 - Federal appeals court overturns FCC local competition rules

The U.S. Court of Appeals for the D.C. Circuit today remanded the FCC's local competition and line-sharing orders.

Concerning the local competition order, the court took issue with the FCC's decision to make its unbundling requirements "uniformly applicable" to all elements in every geographic or customer market. The court determined that this approach unjustifiably required incumbent carriers to make UNEs available even where there "is no reasonable basis" for thinking that competition would suffer if those elements weren't available.

Regarding the FCC's expressed belief that "more unbundling is better," the court said Congress did "not authorize so open-ended a judgment" when it drafted the Telecom Act.

The court, in remanding the line sharing order - which required the unbundling of the high frequency spectrum of the copper loop in order to make it possible for CLECs to provide DSL service - criticized the commission for failing to consider the relevance of competition coming from cable and, to a lesser extent, satellite.


Disclaimer: This information is provided for informational use only. It is not a substitute for consulting advice or individual analysis of a particular consulting matter. Transmission and receipt of this information does not create a consultant-client relationship. Readers should not act without proper training or without seeking the assistance of their vendor(s). The user assumes all responsibilities associated with changing settings in their systems and agrees to indemnify TeleAdvice Incorporated for actions taken by the user in accordance to the Indemnification policies of TeleAdvice Incorporated. Any dissemination or duplication of the information contained on this web site is strictly prohibited.

1266 West Paces Ferry Road #314 | Atlanta, Georgia 30327
Ph: 404-220-0000 | Fax: 404-994-2663