Windstream, USTelecom UNE Relief Delay Proposal Bolsters Legal Case, Ex-Bureau Chief Says
Windstream backing USTelecom's proposal to put off ILEC wholesale pricing relief from "unbundled network element" discounts until 2021 is helpful at the FCC, and a delay would bolster the ILEC case in expected litigation, said attorney Jeff Carlisle, Wireline Bureau…
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chief 2004-05 who oversaw a triennial review remand order that eased UNE duties and isn't involved in the current proceeding. Though Carlisle agreed with those who said Windstream's endorsement creates added political cover for the FCC to approve a USTelecom forbearance petition (see 1806260028), he said that's less important than the strengthened legal argument the possible delay creates for UNE relief meeting a three-prong test. "Political cover is great for getting the FCC vote USTelecom wants, but that vote will put the last nail in the coffin of the infrastructure access provisions of the 1996 [Telecom] Act and will be appealed immediately," he emailed. "Surviving that appeal depends on USTelecom providing a majority of the Commissioners with a convincing case about a somewhat counterintuitive proposition -- that allowing incumbents to stop selling network elements at deep discounts actually promotes competitive market conditions and is thus in the public interest. Providing a 'gentle' landing for CLECs and a more gradual transition to market alternatives helps that case."