FCC Seeks Data to Evaluate the Status of Special Access Competition


On October 28, 2010, the Federal Communications Commission (“FCC” or “Commission”) released a Public Notice, inviting the submission of data to assist the Commission in evaluating the issues raised in its Special Access Notice of Proposed Rulemaking (“NPRM”). In the NPRM, the FCC proposed to examine the level of competition for special access facilities.  The Commission sought comment on its pricing flexibility rules, specifically soliciting proposed measures to maintain just and reasonable price cap rates upon expiration of the CALLS plan.

The Commission included separate data request forms for Local Exchange Carriers (“LECs”) and Incumbent LECs (“ILECs”).  Of LECs, the Commission requested such information as the location, capacity and medium for any connections owned.  The FCC asked ILECs to identify the location of any wire center and provide route maps.  The FCC also requested cell site and carrier connection information from Commercial Mobile Radio Service (“CMRS”) providers. The Commission seeks voluntary submissions by January 27, 2011.

Notably, the Commission aims to evaluate the status of special access competition.  If carriers provide data showing that the special access is not competitive, the Commission could issue an order directing ILECs to lower their special access pricing. Thus, it is in clients‘ interests to submit information voluntarily to provide an accurate update of the status of the market.

For more information, see:

Public Notice

Special Access NPRM

Clients with questions on this Advisory should contact the Attorney assigned to their accounts.

ATTORNEY ADVERTISING DISCLAIMER: This information may be considered advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers

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