The writing is on the wall.
Be a wisp or be dead......

George

This is a posting by one of the industry leaders via  the isp-clec list.

-------- Original Message --------
Subject: [isp-clec] Latest FCC outrage -- no UNEs AT ALL in Omaha
Date: Fri, 16 Sep 2005 23:10:12 -0400
From: Fred R. Goldstein <[EMAIL PROTECTED]>
Reply-To: isp-clec@isp-clec.com
To: isp-clec@isp-clec.com

The FCC today granted a Qwest petition to forbear from enforcing its
obligations as an ILEC in 9 of the 24 wire centers in the Omaha MSA.  This
means NO UNEs at all, no raw copper loops, no IOF, no nuttin'.  The FCC
justifies this on the basis that Cox has invested heavily in its cable
plant, thereby providing an intermodal competitor.

This means that any CLEC that has invested money in collocated equipment in
that area is hereby Out Of Business.  What a flagrant flouting of the
Telecom Act!  Section 271 obligations to provide loops and transport still
remain in effect, but not subject to Section 251 cost-based rates -- only
"just and reasonable" prices, which are generally interpreted to be any
outrageous gouge that an ILEC can whimsically come up with.  The FCC has
also waived the price caps on its Exchange Access services across the MSA,
allowing Qwest to gouge other carriers (especially IXCs) -- even though
intercarrier compensation is supposedly at the top of the FCC's agenda.

IANAL, but this strikes me as not only a flagrant violation of the Telecom
Act, but as a possible Taking under the Fifth Amendment.

I would love to testify against Qwest and the FCC in a judicial review of
this one....
--
 Fred Goldstein    k1io  fgoldstein "at" ionary.com
 ionary Consulting       http://www.ionary.com/


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