Potential impact on competitive local exchange carriers (CLECs) f...

Potential impact on competitive local exchange carriers (CLECs) from several FCC proceedings is “just as big” as what competitive carriers face under Tauzin-Dingell data deregulation bill (HR-1542), CompTel Pres. Russell Frisby said Fri. Significant difference between outcomes of FCC and congressional actions on broadband-related issues is that only 3 votes are needed at Commission to change competitive landscape, Frisby said at Competitive Broadband Working Group press lunch in Washington. Frisby, ALTS Pres. John Windhausen and telecom attorney Marc Snyder briefed reporters on concerns of CLEC industry in FCC dockets involving: (1) Notice of Proposed Rulemaking (NPRM) on dominant vs. nondominant status of ILEC broadband services. (2) NPRM on whether to define broadband as information or telecom service. (3) Triennial review of unbundled network element platform (UNE-P) requirements. (4) Notice of Inquiry that tentatively determined cable modem service was an interstate information service under FCC jurisdiction. Windhausen said FCC’s proposed actions in those areas were tantamount to overriding will of Congress since agency could alter rules that would be contrary to competitive provisions of the 1996 Telecom Act: “I don’t think they realize the consequences for us.” Snyder said FCC didn’t appear to be looking at those provisions, particularly in its UNE-P docket, which he described as “stealth proceeding.” Frisby said working group would seek congressional assistance in protecting CLEC industry and promoting broadband competition, but wouldn’t elaborate: “There’s more to come.”