Industry/user group that proposed special access standards last m...
Industry/user group that proposed special access standards last month (CD Jan 23 p1) has come to agreement on how to enforce those standards, it told FCC in Feb. 12 ex parte filing. Enforcement proposal includes: (1) Remedies should be…
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paid to special access customers, along with payments to U.S. Treasury. (2) Penalties could be self- executing or customers could seek damages by filing complaint with FCC or in U.S. Dist. Court. (3) Penalties should increase for repeated performance failure. (4) FCC should set standard methodology for calculating forfeitures, which should be high enough “to serve as a deterrent to anticompetitive behavior.” (5) FCC should establish nonmonetary penalties for “significant abuses,” such as suspension of Sec. 271 or price flexibility authority. (6) ILEC should be required to undergo independent audit of its performance reporting, with auditor chosen by FCC but paid by ILEC. (7) CLECs should have option to audit ILEC performance reports. CLECs would pay for that audit unless it revealed inaccuracies in ILEC report, in which case ILEC would have to pay.