Tenn. Regulatory Authority (TRA) hearing examiner denied BellSout...
Tenn. Regulatory Authority (TRA) hearing examiner denied BellSouth petition to dismiss plea by group of CLECs for TRA order requiring BellSouth to continue offering unrestricted cost-based unbundled local switching despite an FCC exemption. Under FCC’s unbundled network element (UNE)…
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rules, SBC no longer is obligated to provide cost-based unbundled switching for CLEC customers over 3 lines in high- density markets if it offers cost-based alternative of enhanced extended link (EEL) that combines local transport and switching functions. BellSouth said that where it offered EELs, state lacked jurisdiction to override FCC exemption that allowed it to withdraw switching UNE or offer it at market prices. But TRA hearing examiner Melvin Malone (Case 02-00207) disagreed. He said nothing in FCC rules preempted TRA from imposing state-specific unbundling requirements beyond national minimums prescribed by FCC. He said FCC rules allowed Tenn. to modify list of UNEs available in that state, and TRA had authority to retain unrestricted cost-based unbundled local switching.