USTA opposed challenges filed by AT&T and WorldCom to FCC’s decis...

USTA opposed challenges filed by AT&T and WorldCom to FCC’s decision to give BellSouth pricing flexibility. In Feb. 13 filing with FCC, USTA said U.S. Appeals Court, D.C., recently “put a stop to [AT&T’s and WorldCom’s] relentless self-serving attacks” on Commission’s pricing flexibility rules by upholding agency’s rules against challenge by WorldCom (CD Feb 5 p2). FCC “should be applauded for implementing a policy that relies on market forces rather than regulation,” USTA said. Assn. disagreed in particular with WorldCom claim that it was incorrect of BellSouth to include packet-based data services in its petition because such services weren’t subject to pricing flexibility. USTA said rules allowed pricing flexibility for new packet-based services, not just packet-switched access services that already existed at time price cap rules were adopted. However, Assn. of Communications Enterprises (ASCENT) said BellSouth didn’t satisfy FCC’s requirements for pricing flexibility, yet agency gave company “broad-reaching” relief. ASCENT complained that “despite the lack of specificity in BellSouth’s revenue data,” FCC staff “accepted BellSouth’s summary revenue figures and bare assertions as conclusory evidence that the incumbent LEC faces sufficient competition.”