Communications Litigation Today was a service of Warren Communications News.

Broadband Maps Faulty, CLECs Say; USTelecom, Allies Seek Data-Related Forbearance

ILECs and competitive LECs pressed opposing sides in replies mainly posted Wednesday in FCC docket 18-141 on a USTelecom petition for forbearance from selling unbundled network elements (UNEs) to rivals (see 1905230043). Incompas said the FCC should "not rely on unreliable data" in broadband coverage maps. Incompas said USTelecom hasn't met the burden of proof to demonstrate competitors are providing fiber in significant quantity. Access to unbundled loops and transport helps CLECs build customer bases and then deploy their own fiber networks, sometimes in markets unserved by others, Incompas said. It cited member telcos in the California counties of San Bernardino, Kern, Santa Barbara and San Luis Obispo that have no competing broadband provider even though the counties were deemed competitive in business data services order data submitted by USTelecom. CenturyLink believes Incompas is overstating the significance of UNEs "based on anecdotal narratives." AT&T said there's no "verifiable evidence that there is a large number of such locations" where a CLEC using UNEs is the only available broadband provider. AT&T said in many areas, "CLECs can economically deploy their own facilities." It doubted any CLEC will discontinue a broadband offering due to forbearance. USTelecom noted some CLECs have deployed transport networks that could or do bypass ILEC transport. Frontier Communications suggested CLECs no longer be viewed as the primary market competitor to ILECs, but over time "technological change has shown that cable and wireless have emerged as robust competitors, with cable companies becoming the dominant fixed broadband providers and wireless companies the dominant voice providers." The petition would be deemed granted absent FCC action by Aug. 2.