TELECOM Digest OnLine - Sorted: FCC: W Don't Need no Steenkin Line Sharing

FCC: W Don't Need no Steenkin Line Sharing

Danny Burstein (dannyb@panix.com)
Sat, 26 Mar 2005 13:53:18 -0500

"The Commission has before it a petition for declaratory ruling filed
by BellSouth Telecommunications, Inc. (BellSouth) regarding issues
stemming from the Triennial Review Order. As explained below, because
the Commission's national unbundling rules in the Triennial Review
Order directly address the primary issue raised by BellSouth, we grant
BellSouth's petition to the extent described in this Order.

"Specifically, applying section 251(d)(3) of the Communications Act of
1934, as amended (the Act), we find that a state commission may not
require an incumbent local exchange carrier (LEC) to provide digital
subscriber line (DSL) service to an end user customer over the same
unbundled network element (UNE) loop facility that a competitive LEC
uses to provide voice services to that end user.

"For the reasons set forth below, we conclude that state decisions
that impose such an obligation are inconsistent with and substantially
prevent the implementation of the Act and the Commissions federal
unbundling rules and policies set forth in the Triennial Review Order
that implement sections 251(c) .....

rest at:

http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-78A1.txt [a]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-78A1.doc [b]
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-78A1.pdf [c]

[a] messy ascii
[b] Word Doc
[c] PDF

(most FCC material is available in all three forms. URLs are identical
except for the trailing extension).

Further info on the main FCC page: http://www.fcc.gov

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