USTelecom Challenges FCC IP Tech Transition Orders; Critics Chastise ILECs
USTelecom filed a legal challenge to the FCC IP technology transition decisions adopted in August that were intended to safeguard competition and consumers as telcos switch from copper-based traditional services to IP-based services over fiber networks (see 1508060044). USTelecom filed…
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a petition for review in the U.S. Court of Appeals for the D.C. Circuit (USTelecom v. FCC, No. 15-1414) against FCC orders that grew out of a 2014 FCC NPRM, declaratory ruling and subsequent USTelecom petition for reconsideration. "In the Order and Order on Reconsideration, the Commission not only denied USTelecom's petition for reconsideration of the Declaratory Ruling, but also took a number of final actions in the rulemaking it initiated in the Notice, including: adopting new rules governing the retirement of copper facilities; declaring that a carrier must seek Commission approval under § 214(a) if a change in its service will cause a wholesale customer of that carrier to discontinue, reduce, or impair its own retail service offerings; and adopting a new rule under which it will condition its approval of § 214(a) applications for certain services on the applicant's provision of a reasonably comparable, wholesale Internet Protocol service, on reasonably comparable rates, terms, and conditions," USTelecom said. Incompas General Counsel Angie Kronenberg emailed us Monday: “First, the Bells tried lobbyists. Now they will try the lawyers, but they cannot fight the future. Competition is the answer, and it’s driving new networks.” Public Knowledge Senior Vice President Harold Feld emailed us: "This is not unexpected. USTA and its members have made their opposition to the FCC's order fairly clear. We believe the FCC acted entirely within the scope of its authority and in a manner reasonably calculated to protect and advance the pro-consumer and pro-competition goals of the Act -- and that the court will ultimately affirm the Commission." FCC spokesmen had no immediate comment.