FCC probably won’t act on performance measurements in combination...

said he was told staff pressures caused agency to change priorities and push performance measurement issue further back. Performance measurements, also known as metrics, would add key element of enforcement to other 2 proceedings, offering “the other piece of the puzzle,” Askin said. Proposal called for FCC to set standards and then devise system for measuring how well Bells met them. “We now understand that performance metrics may not be resolved for several months after [other 2 proceedings] are resolved,” Askin said. ALTS Pres. John Windhausen said: “We think the FCC put the priorities opposite of what they should be.” He said Commission should make sure enforcement requirements were in place before it deregulated Bells. On other issues: (1) BroadNet Alliance Exec. Dir. Maura Colleton said that if FCC eliminated application of Computer 2 and 3 rules in wireline broadband proceeding, thousands of small ISPs could be hurt. She criticized Bells for arguing that deregulation was needed to stimulate broadband deployment: “There is no broadband shortage. To sacrifice small businesses, which is what ISPs are, for some perceived problem is disastrous policy.” (2) Windhausen, asked for his views on Comr. Martin’s recent comments on upcoming regulatory issues, said ALTS was “surprised” that Martin had “endorsed” so-called “new wires, new rules” proposal by Verizon Vp Thomas Tauke, which Windhausen said was foundation of such deregulatory actions as last year’s Tauzin-Dingell bill in House. He said ALTS wanted “to have more conversations” with Martin on that issue because he didn’t think “new wires” proposal would promote competition. Martin “said he wanted to stimulate dialog and invited us to come in and talk” so ALTS had meeting set up, Windhausen said. Covad Asst. Gen. Counsel Jason Oxman said Covad wasn’t necessarily opposed to Martin’s call for shortening depreciation periods for some new technologies as part of TELRIC pricing formula. He said Covad would strongly oppose ending TELRIC but “if the discussion is about how much we pay, that’s one we're willing to engage in.” Oxman also made novel suggestion that, considering every Bell company was facing drops in access lines, Bells ought to sell those unused facilities to wholesale customers, meaning CLECs. (3) ALTS’ Askin predicted FCC would clarify rules for enhanced extended links (EELs) as part of UNE order while Oxman said he expected agency to retain line-sharing rules once it responded to questions posed by U.S. Appeals Court, D.C., in May 24 remand. Windhausen said he expected UNE order to be hotly contested in court for long period because it was expected to include so many issues such as EELs, transport, Computer 2-3 rules. Different groups of commissioners probably will line up on different issues and it will be “messy,” Windhausen predicted. Some of it will land back in Congress as both Bells and CLECs go to Hill to change parts of order they feel weren’t handled correctly, he said.