The FCC “Phoenix” forbearance order shouldn’t be used as a...
The FCC “Phoenix” forbearance order shouldn’t be used as a framework to evaluate CenturyLink’s enterprise broadband forbearance petition, the telco told Wireline Bureau officials Tuesday, an ex parte letter said (http://xrl.us/bnpndr). Different regulatory treatment of CenturyLink’s three legacy operations --…
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CenturyTel, Embarq and Qwest -- has negatively impacted competition and customers, the company said. Forbearance from dominant carrier regulation and Computer Inquiry tariffing requirements would put CenturyLink on parity with every other major provider of enterprise broadband services, it said in an attached presentation (http://xrl.us/bnpnd7). But the FCC shouldn’t use the “Phoenix” framework, which applies only to requests for forbearance from unbundling requirements on legacy telecom facilities and services, it said. Instead, the commission should use a streamlined analysis “informed by its traditional market power framework” to evaluate the petition, the telco said: Anything else could be “arbitrary and capricious."