FCC May Change Draft UNE Order to Ease UNE-P Transition
Proposed UNE rules slated for action at the FCC’s agenda meeting Wed. (CD Dec 9 p1) may undergo changes to lengthen UNE-P transition and revise rules for CLEC access to high-capacity loops and transport, sources said Mon. However, insiders remained optimistic that the order would stay on the agenda. The negotiations appeared to be between Republicans and Democrats on the Commission -- with the Democrats, especially Comr. Copps, pushing for changes to benefit competitive carriers and, in one case, Chmn. Powell responding by strengthening the Bells’ hand.
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The Commission reportedly is discussing at least 4 changes: (1) Lengthening the transition for eliminating the UNE-P option to more than 2 years from 6 months. (2) Easing or strengthening the test used to determine if CLECs are eligible to get UNEs for DS-1 loops. The talks are focusing on whether one wholesale provider is enough to foreclose UNE sharing by the Bell. Comr. Copps reportedly has suggested raising the number of wholesale providers needed to eliminate a Bell sharing requirement. However, it was learned late Mon. that Chmn. Powell has suggested changing the test from wholesalers to self- providing CLECs, a move that could benefit Bells by making the test harder. (3) Easing rules on CLEC access to high- capacity transport. Commissioners are looking at whether the collocator/business line tests for eliminating UNE sharing in urban markets are too low. A change there might help CLECs. (4) Adding a limited “carve-out” of the UNE-P transition rules for CLECs that serve low income people. The carve out apparently would permit these carriers to have continued access to UNE-P to serve customers who have lost phone service because of nonpayment of local or long distance bills.
A source said FCC Chmn. Powell is “intent” on getting a 5-0 majority for the UNE rules and thus has been more willing than usual to talk about compromises with other commissioners. The theory is the UNE rules have been remanded several times by the U.S. Appeals Court, D.C., and Powell is trying to assure they clear judicial scrutiny this time through a unanimous vote, the source said. However, the Commission must choose between “2 tensions,” said a source: “How far the Chairman is willing to go and not put the item at risk for judicial scrutiny.”
An FCC staffer said that, while there have been a lot of “offers and counter-offers,” such activity is “to be expected” when a major item circulates among commissioners. Information on the discussions among commissioners’ offices came from both insiders and outsiders, although usually industry officials’ knowledge at this stage is based on the kind of questions FCC personnel ask when calling them for additional information. During the “sunshine” week, when an item has officially been placed on the agenda, industry representatives aren’t permitted to talk to FCC staff. However, FCC staff can call industry representatives to ask questions.