The FCC should approve a Windstream petition to ensure ILEC DS1 and DS3 loops are available to competitors as discounted unbundled network elements (UNEs) even if fiber replaces copper (see 1603150065), CCMI consultant Andrew Regitsky said in a blog post Friday. Clearer DS1 and DS3 UNE rights would not only give Windstream and other CLECs lower wholesale prices in some cases but also more leverage in broader special access negotiations, Regitsky told us by phone (DS1s and DS3s provide traditional special access service). The FCC so far "has chosen to sit on" the Windstream petition," Regitsky's blog post said, despite a recent Further NPRM to revamp the special access framework for business data service, or BDS (see 1604280057 and 1605030001). "The agency is currently in the process of developing new regulations for the [BDS] market, including the classification of markets into competitive or non-competitive to create new rules for special access and Ethernet services," he wrote. "But how can it determine if a market is competitive if the market participants have no idea what service alternatives are available? It is high time for the Commission to act on this issue and end the continued uncertainty for both ILECs and CLECs." CLECs generally supported the FCC's regulatory course in the FNPRM while most large ILECs were critical. Although Regitsky previously worked for CLEC trade group Comptel (now Incompas), he recently slammed FCC BDS proposals as "Bizarro world" regulation (see 1605060057).

Public Knowledge asked the FCC to block Verizon's proposed buy of XO Communications and address issues in a related spectrum leasing deal involving XO subsidiary Nextlink Wireless. "Because of the potential harm to competition from Verizon’s proposed acquisition of XO, and because of the important issues raised by Verizon’s associated lease of the Nextlink spectrum, the applicants have failed to meet the threshold requirement to demonstrate that the proposed transactions will serve the public interest," PK said in a petition to deny posted in docket 16-70. "The Commission cannot approve these transactions unless the concerns raised by these combined transactions are properly addressed." The Competitive Carriers Association, New America's Open Technology Institute and Windstream also filed comments in the docket citing various concerns with the deals. Dish Network and Incompas previously filed petitions to deny (see 1605040021). Transbeam, a provider of Ethernet over copper, supported the Incompas petition. The new filings were posted Thursday and Friday.

Public Knowledge asked the FCC to block Verizon's proposed buy of XO Communications and address issues in a related spectrum leasing deal involving XO subsidiary Nextlink Wireless. "Because of the potential harm to competition from Verizon’s proposed acquisition of XO, and because of the important issues raised by Verizon’s associated lease of the Nextlink spectrum, the applicants have failed to meet the threshold requirement to demonstrate that the proposed transactions will serve the public interest," PK said in a petition to deny posted in docket 16-70. "The Commission cannot approve these transactions unless the concerns raised by these combined transactions are properly addressed." The Competitive Carriers Association, New America's Open Technology Institute and Windstream also filed comments in the docket citing various concerns with the deals. Dish Network and Incompas previously filed petitions to deny (see 1605040021). Transbeam, a provider of Ethernet over copper, supported the Incompas petition. The new filings were posted Thursday and Friday.

NCTA asked the FCC to extend deadlines in the business data service (BDS) rulemaking by at least 45 days for initial comments and 30 days for replies. "Faced with an opportunity to resolve a complex proceeding regarding rates charged by [ILECs] that is finally ripe for resolution after more than a decade of regulatory activity, the Commission instead issued a complicated, voluminous Further Notice that significantly expands the scope of the proceeding to cover new services, new providers, and new issues," NCTA said in a motion filed Friday in docket 16-143. "The pleading cycle adopted by the Commission fails to reflect the radically expanded scope of the proceeding, severely constrains the ability of NCTA’s member companies to meaningfully participate in this proceeding, and lends credence to concerns raised by one commissioner that ‘the outcome is predetermined.’”

NCTA asked the FCC to extend deadlines in the business data service (BDS) rulemaking by at least 45 days for initial comments and 30 days for replies. "Faced with an opportunity to resolve a complex proceeding regarding rates charged by [ILECs] that is finally ripe for resolution after more than a decade of regulatory activity, the Commission instead issued a complicated, voluminous Further Notice that significantly expands the scope of the proceeding to cover new services, new providers, and new issues," NCTA said in a motion filed Friday in docket 16-143. "The pleading cycle adopted by the Commission fails to reflect the radically expanded scope of the proceeding, severely constrains the ability of NCTA’s member companies to meaningfully participate in this proceeding, and lends credence to concerns raised by one commissioner that ‘the outcome is predetermined.’”

A recent spate of FCC-initiated meetings with stakeholders in its set-top box proceeding may indicate the commission is moving quickly toward releasing an order, industry officials both for and against the proposed rule said in interviews. The FCC-requested meetings are happening with reply comments in the proceeding still not due for nearly two weeks, unusual timing that likely indicates the agency intends to release an order soon after the record is complete, many communications industry officials told us. Pay-TV officials expect an order on the set-top proposal could be released as soon as the FCC's August meeting.

A recent spate of FCC-initiated meetings with stakeholders in its set-top box proceeding may indicate the commission is moving quickly toward releasing an order, industry officials both for and against the proposed rule said in interviews. The FCC-requested meetings are happening with reply comments in the proceeding still not due for nearly two weeks, unusual timing that likely indicates the agency intends to release an order soon after the record is complete, many communications industry officials told us. Pay-TV officials expect an order on the set-top proposal could be released as soon as the FCC's August meeting.

The FCC proposal to overhaul its telco special access regime into a technology-neutral framework for business data services (BDS) will be a very heavy lift, some commission watchers said Friday. Assessments of the merits of the plan varied from generally positive, to neutrally focused on industry fallout, to highly critical. Bernstein analyst Paul de Sa credited the FCC with doing an "impressive job" and "very good work," but CCMI blogger Andrew Regitsky said the plan is "unworkable" and creates a "potential mess." Guggenheim Partners analyst Paul Gallant said the regulatory moves raise concerns for large ILECs and cable, and opportunities for CLECs.

The FCC proposal to overhaul its telco special access regime into a technology-neutral framework for business data services (BDS) will be a very heavy lift, some commission watchers said Friday. Assessments of the merits of the plan varied from generally positive, to neutrally focused on industry fallout, to highly critical. Bernstein analyst Paul de Sa credited the FCC with doing an "impressive job" and "very good work," but CCMI blogger Andrew Regitsky said the plan is "unworkable" and creates a "potential mess." Guggenheim Partners analyst Paul Gallant said the regulatory moves raise concerns for large ILECs and cable, and opportunities for CLECs.

Dish Network and Incompas urged the FCC to reject Verizon's planned buy of XO Communications and related spectrum leasing arrangements. The deal "will have serious anticompetitive horizontal and vertical effects" in mobile and Internet markets, said Dish, in its petition to deny Tuesday in Wireline Bureau docket 16-70. In its petition to deny, Incompas, which has XO as a member, said the proposed transactions "pose serious threats to competition and consumer welfare." Public Knowledge recently expressed similar concerns in a filing on a meeting with FCC officials. Pushback against the Verizon/XO deal had been expected by some (see 1602220071).