The Fcc and Telecom Recovery: A Scorecard for Evaluating the New Unbundling Rules

34 Pages Posted: 19 Nov 2003

Abstract

This paper provides a set of "benchmarks", or a scorecard if you will, that will aid in evaluating whether the Federal Communications Commission's actions in three major rulemakings - the Unbundled Network Elements Triennial Review Proceeding, the Wireline Broadband Proceeding, and the Cable High-Speed Access Proceeding - are pro-competitive and deregulatory (that is, consistent with a Dynamic Deregulation Vision) or anti-competitive and pro-regulatory (that is, consistent with a Static Regulated Competition Vision). The scorecard benchmarks are as follows:

- Unbundling and sharing should not be required for newly installed fiber or other non-copper facilities;

- Regardless of technology platform, broadband services should not be subject to unbundling and sharing requirements or computer-II-type separation requirements;

- Local switching should be removed promptly from the unbundling and sharing regime;

- Inter-office transport and high capacity loops should be removed promptly from the unbundling and sharing regime and "special access" should not be re-regulated;

- A presumptive sunset regime with competitive triggers should be established for the removal of copper local loops from the unbundling and sharing requirements;

- The Commission should preempt the states from mandating unbundling and sharing requirements that exceed the scope of the federal obligations; and

- Elements that have been removed from the unbundling and sharing regime should not be considered on the "competitive checklist" for evaluating section 271 applications.

JEL Classification: K23, L96

Suggested Citation

May, Randolph J., The Fcc and Telecom Recovery: A Scorecard for Evaluating the New Unbundling Rules. Michigan State DCL Law Review, December 2003. Available at SSRN: https://ssrn.com/abstract=470644 or http://dx.doi.org/10.2139/ssrn.470644

Randolph J. May (Contact Author)

The Free State Foundation ( email )

P. O. Box 60680
Potomac, MD 20859
United States
301-299-3182 (Phone)
301-299-5007 (Fax)

HOME PAGE: http://www.freestatefoundation.org

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