The Minn. PUC opened a review of Qwest’s wholesale rates, as it p...
The Minn. PUC opened a review of Qwest’s wholesale rates, as it promised to do last Dec. when it approved a new price capping plan for Qwest’s retail services. The PUC said it’s authorized to review Qwest’s UNE rates…
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by Telecom Act Sec. 271. It rejected Qwest’s contention that federal law and regulations have preempted PUC review of intrastate wholesale rates under Sec. 271. But the PUC (Case P-421/CI- 05-1996) said the FCC has never stated explicitly that it has exclusive jurisdiction over all UNE rates, intrastate as well as interstate, and said state jurisdiction over UNEs under Sec. 271 hasn’t yet been resolved by the FCC. Qwest also argued the investigation is unnecessary because wholesale competition has worked to ensure its rates remain just and reasonable. But the PUC said CLECs and the state Commerce Dept. have raised substantive questions about the fairness and reasonableness of Qwest’s rates, which the PUC has lawful authority to investigate.