Dummies Guide to UNE Forbearance
USTelecom is Seeking UNE Forbearance!
USTelecom is the lobbying arm for the ILECs and RBOCs.
USTelecom put forth a petition to the FCC for Forbearance on UNEs and more.
Forbearance means that they don’t have to sell it to you anymore.[Note: we did a podcast that explains this too. FISPA Podcast: What is the USTelecom UNE Forbearance Petition (in less than 9 minutes)]
ACTION FUND The petition is detailed below, but first we would like to make a request for help with funding this fight. FISPA will match up to $25,000 in funds to help INCOMPAS with the estimated tab of $600K. Donate below please:
Here are details about the USTA Petition:
This Petition asks the Commission to forbear from applying the following obligations:
1. ILEC-specific unbundling and resale mandates in Section 251(c)(3) and (4) and associated Section 251 and 252 obligations;
2. Section 272(e)(l)’s RBOC-specific time interval requirements for non-discriminatory treatment of affiliates and non-affiliates regarding requests for service, and the long distance separate affiliate requirement for independent ILECs set out in Section 64.1903 of the Commission’s rules; and
3. Section 271(c)(2)(B)(iii)’s RBOC-specific competitive checklist item regarding access to poles, ducts, conduit, and rights-of-way.
- UNEs are unbundled network elements or copper wires. UNEs are part of the inter-connect agreements that CLECs negotiate with the ILECs. UNEs are mainly utilized by facilities-based CLECs who have collocation in a central office. With UNEs, they can offer flavors of DSL, Ethernet over Copper, T1s and more. Also, inter-office circuits are UNEs. So if a CLEC has a couple of central offices, they connect them with UNE. That will have to convert to retail or wholesale circuits.
- ILECs don’t want to continue to run a long distance (Inter-LATA division). They want to be unbridled by the LATA regulations from their ILEC days.
- ILECs don’t want to share conduit, poles or rights of way. Even for CLECs who are NOT facilities based, this can become a problem. That section is detailed below.
“Finally, Section 10’s criteria are met with regard to Section 271(c)(2)(B)(iii), which requires RBOCs to provide nondiscriminatory access to poles, ducts, conduits, and rights-of-way in accordance with Section 224. This provision is duplicative of the requirements for nondiscriminatory access in Section 224, and thus is not necessary to ensure that rates and terms are just, reasonable, and nondiscriminatory, or to protect consumers. The fact that ILEC ownership of poles has been declining sharply further undercuts the rationale for subjecting RBOCs to duplicative regulation in this area. Forbearance is in the public interest because the continued presence of overlapping requirements drains valuable compliance time and resources from the budgets of RBOCs (and RBOCs alone). Forbearance would eliminate these burdens and costs and establish symmetrical regulation.”
Also, access to 911 databases via ILEC UNE is up for forbearance!
This page lists the services that are potentially impacted per ILEC.
FISPA is going to partner with INCOMPAS (formerly COMPTEL) in these efforts in DC. You can see INCOMPAS filing # 1 (motion for an extension). INCOMPAS filing #2 is a motion to dismiss. At this time, no comments or opposition has been filed with the FCC on WC Docket No. 18-141 .
Comments or Oppositions on WC Docket No. 18-141 are Due: June 7, 2018 Comments can be submitted HERE. Reply Comments Due: June 22, 2018.
What can you do? Listen to this podcast was we give you some ideas.
THE OTHER PARTIES FIGHTING THIS PETITION:
A new Coalition formed: Access Point Inc., BullsEye Telecom, Inc., Manhattan Telecommunications Corporation d/b/a Metropolitan Telecommunications, New Horizon Communications Corp., Xchange Telecom LLC, (collectively the “Wholesale Voice Line Coalition”). Read their petition HERE.
Windstream is with INCOMPAS on this despite being a USTA member.
CALTEL, Midwest Assoc. of Competitive Carriers, Northwest Telecom Assoc., NARUC, Granite Telecom,
Confused about FORBEARANCE?
I tracked some history of the FCC and forbearance petitions on this page for you to peruse. Lot so links to rulings, legal views and FCC orders as well as content that is just educational about UNEs and Forbearance. Read it HERE.