The FCC unexpectedly postponed its landmark decision on the unbundled network elements (UNE) requirement for incumbent carriers for one week, until 20-February-2003. The FCC decision on new UNE rules is now expected to occur on the last day under which the current unbundling rules have legal effect. Last May, the Washington D.C. Circuit Court of Appeals vacated the FCC’s current unbundling rules and has stayed their decision until 20-February-2003.
Citing sources inside the FCC, The Washington Post reported the delay is due to a rival UNE proposal from Commissioner Kevin Martin that appears to have gained the support of some fellow commissioners, potentially derailing the UNE proposal backed by FCC Chairman Michael Powell. According to the report, the Martin proposal would preserve the power of state regulators to decide unbundling requirements and would require incumbents to lease their lines for data services at rates up to 1.5 Mbps. The Powell proposal was seen as more accommodating to RBOC interests. The Washington Post also comments on the evident political split amongst FCC commissioners, noting that the rivalry is between Republican commissioners.
http://www.washingtonpost.com/wp-dyn/articles/A54167-2003Feb10.htmlhttp://www.fcc.gov
- Michael Powell, Republican, sworn in as a commissioner in November 1997 and designated as FCC Chairman in January 2001 by President Bush. Powell previously served as the Chief of Staff of the Antitrust Division in the Department of Justice. Before that, Powell was an associate in the law firm of O’Melveny & Myers LLP.
- Kevin Martin, Republican, nominated in May 2001. Before joining the FCC, Martin was a Special Assistant to the President for Economic Policy. He served on the Bush-Cheney Transition Team and was Deputy General Counsel for the Bush campaign. Prior to joining the campaign, Martin was an advisor to FCC Commissioner Harold Furchtgott-Roth.
- Kathleen Abernathy, Republican, nominated in May 2001. Prior to her FCC appointment, Commissioner Abernathy was Vice President of Public Policy at BroadBand Office Communications, and before that, she was a partner at the law firm of Wilkinson Barker Knauer.
- Michael Copps, Democrat, nominated in May 2001. Copps previously served as Assistant Secretary of Commerce for Trade Development at the U.S. Department of Commerce. Copps began his Washington career in 1970, joining the staff of Senator Ernest Hollings (D-SC) and serving for over a dozen years as Chief of Staff. He has also held positions at Collins and Aikman Corporation and the American Meat Institute.
- Jonathan Adelstein, Democrat, nominated in July 2002. For the past seven years, Adelstein has been a senior legislative aide to United States Senate Majority Leader Tom Daschle.
