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Communication Law Keyed to Benjamin, 2nd Ed.
United States Telecom Association v. Federal Communications Commission
Citation:
359 F.3d 554 (2004)Facts
The Telecommunications Act of 1996 sought to foster competition in local telecommunications markets by requiring incumbent carriers (ILECs) to make network elements available to competitors (CLECs) on an unbundled basis. The Act directed the FCC to determine which elements must be unbundled based on whether failure to provide access would “impair” competitors’ ability to provide service. After two previous attempts at implementing these provisions were invalidated by courts, the FCC issued a new order that made nationwide impairment findings for certain elements but delegated authority to state commissions to make more granular determinations. The order also addressed various specific network elements, including mass market switches, dedicated transport, broadband loops, and enhanced extended links (EELs). ILECs challenged the order as imposing excessive unbundling requirements, while CLECs argued that the FCC improperly limited access to certain elements.
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