Unbundled Network Element - UNE Remand Order & Line Sharing Orders

UNE Remand Order & Line Sharing Orders

In the UNE Remand Order (issued on November 5, 1999), the FCC specified the UNE to which a competitor must be provided access: "the 'loops' that connect the switches to end users, including high-capacity loops; the switches (with some exceptions), the transport facilities between switches and other networks, and the software needed to operate the telephone network".

In the Line Sharing Orders (Line Sharing Order, 14 FCC Rcd at 20951), the LECs are required to unbundle the high-frequency portion of the loop of DSL.

However, both the UNE Remand Order and the Line Sharing Orders were remanded by the D.C. Circuit Court of Appeals in United States Telecom Ass’n v. FCC, decided on May 24, 2002; the Line Sharing Orders were vacated. The court concluded, among other things, that the FCC had not considered the availability of competitive facilities on a sufficiently granular basis. On Aug. 25, this DSL unbundling requirement was eliminated by the FCC.

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