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Old 01-28-2010, 11:54 AM
sim000 sim000 is offline
Junior Member
Join Date: Jan 2010
Location: u.k
Posts: 8


"The FCC today granted a Qwest petition to forbear from enforcing its obligations as an ILEC in 9 of the 24 wire centers in the Omaha MSA. This means NO UNEs at all, no raw copper loops, no IOF, no nuttin'. The FCC justifies this on the basis that Cox has invested heavily in its cable plant, thereby providing an intermodal competitor.

This means that any CLEC that has invested money in collocated equipment in that area is hereby Out Of Business. What a flagrant flouting of the Telecom Act! Section 271 obligations to provide loops and transport still remain in effect, but not subject to Section 251 cost-based rates—only "just and reasonable" prices, which are generally interpreted to be any outrageous gouge that an ILEC can whimsically come up with. The FCC has also waived the price caps on its Exchange Access services across the MSA, allowing Qwest to gouge other carriers (especially IXCs)—even though intercarrier compensation is supposedly at the top of the FCC's agenda.

IANAL, but this strikes me as not only a flagrant violation of the Telecom Act, but as a possible Taking under the Fifth Amendment.

I would love to testify against Qwest and the FCC in a judicial review of this one."
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