The U.S. Court of Appeals for the District of Columbia Circuit declined to stay its decision voiding many of the FCC’s so-called “network unbundling” rules pending an appeal to the U.S. Supreme Court.
Tom Tauke, executive vice president-public affairs & communications at Verizon, said “The court’s decision is good news for the industry. Decisions like this ensure that all parties have an incentive to negotiate agreements to replace the overturned rules and invest in facilities.”http://www.verizon.com
- In March 2004, a three-judge panel in the D.C. Circuit Court of Appeals overturned the FCC’s Triennial Review Order with regard to network unbundling rules. The FCC rules, which were announced in February 2003 but actually issued in August 2003, empowered state public utility commissions as the decision makers on issues regarding UNE-P unbundling and local competition. The Court of Appeals said the FCC erred by not providing unified, federal guidelines and by pushing many FCC decisions to the states. The court also upheld the Triennial Review Order’s exemption provided to incumbent carriers from unbundling for certain fiber-fed loops and for line sharing.