Some Forbearance History
SOME NOTES, DEFINITIONS, BACKGROUND on FCC FORBEARANCE
In 2009, from Kelley-Drye Law Group when Verizon lost UNE Forbearance:
The U.S. Court of Appeals for the District of Columbia issued its long-awaited decision in Verizon v. FCC, the Verizon Telephone Companies’ appeal of the Federal Communications Commission’s (“FCC’s”) December 2007 decision denying Verizon forbearance from Section 251(c)(3) unbundling obligations in the Boston, New York, Philadelphia, Pittsburgh, Providence, and Virginia Beach Metropolitan Statistical Areas (“MSAs”). The Court granted Verizon’s appeal on the very limited ground that the FCC failed to adequately explain its departure from the standard previously used to measure Section 251(c)(3) forbearance requests. The case was remanded to the FCC for further consideration.
On December 28, 2015, the FCC finally responded to USTelecom’s (USTA) 2014 petition seeking relief or “forbearance” from several regulatory obligations that apply to incumbent LECs (ILECs). USTA mainly requested forbearance from rules specific to price cap-regulated Regional Bell Operating Companies (RBOCs), but its petition also sought forbearance for regulations imposed on all ILECs, including rate-of-return carriers. The FCC’s December 28 Order grants some of USTA’s requests for forbearance but denies others. This e-lert provides our analysis of this decision.
In 2006, UC-Berkeley wrote this brief on ECONOMIC ISSUES OF LOCAL REGULATORY FORBEARANCE. This is the type of economic study that is needed in forbearance cases.
The NCTA made comments in 2016 about competition in the BDS marketplace calling it competitive. They make a point that 500 companies provide BDS across the US but that alone does not mean the market is competitive. The other point is that FCC actions will impede investment in networks. (I would like to see evidence of this).
This was the beginning: 8/21/03 TRIENNIAL REVIEW ORDER: The Commission released a Report and Order and Order on Remand that comprehensively re-examines the network element unbundling obligations of incumbent local exchange carriers (LECs) under section 251 of the Act. The Triennial Review Order created a new list of UNEs. The Commission’s framework provides incentives for carriers to invest in broadband network facilities, brings the benefits of competitive alternatives to all consumers, and provides for a significant state role in implementing these rules. The rules became effective on October 2, 2003, upon publication in the Federal Register. Court decisions were made in 2004 and 2006. [FCC Triennial Orders]
Qwest Amicus Brief on UNE-P (good read for history and context).
FCC Order granting the RBOCs specifically forbearance from FTTC, FTTH and fiber loops in 2006.