Competitive Local Exchange Carrier - Important FCC Rulings

Important FCC Rulings

With the Triennial Review in August 2003, the FCC began to rewrite a large portion of the rules implemented by the Telecommunications Act of 1996. One alternative to the UNE-P is unbundled network element loop (UNE-L), in which the CLEC has access to or operates their own local switch. The underlying copper (loop) that runs to your house is then leased by the CLEC, and cross-connected to the CLEC's switch. Both UNE-P and UNE-L have their own unique advantages and disadvantages. Other CLECs bypass the ILEC's network entirely, using their own facilities. These facility-based LECs include cable companies offering phone service over coaxial cable.

In October 2004, the U.S. Supreme Court allowed a lower court's ruling to stand (by refusing to hear the appeal) that voided rules requiring ILECs to lease certain network elements (such as local switching or the high-frequency portion of the loop) at a cost-based regulated wholesale price to CLECs. The FCC agreed earlier in the year to rewrite rather than appeal the validity of the rules. In December, 2004, the FCC released another set of rules which phase out, over a year, all CLEC leasing of ILEC local switching, while preserving access to most copper local loops and some interoffice facilities.