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§ 251 Network Unbundling
For your convenience, a resources page has been created to assist researchers
in finding relevant documents to the Triennial Review Remand. The Triennial
Review Remand Resources Page can be located via this link,or
by typing the following URL into your browser - http://www.fcc.gov/wcb/cpd/triennial_review/triennialremand.html
Section 251(d)(2) of the Act directs the Commission to determine the specific
network elements that incumbent LECs must provide to their competitors on
an unbundled basis at cost-based rates. In December 2001, the Commission
issued the Triennial
Review NPRM seeking comment on how best to update its rules and make
them more “granular” to reflect competitive conditions in different markets.
The Commission’s prior rules specifying the list of unbundled network elements
(UNEs) were struck down by the D.C. Circuit in United
States Telecom Association v. FCC (USTA I) on May 24, 2002.
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6/8/07 INSIDE
WIRE SUBLOOP CLARIFICATION ORDER FCC Boosts
Competitive Telephone, Video Service Opportunities in Multi-Unit
Buildings.
Order: Word | Acrobat
News Release (5/31/07): Word | Acrobat
Martin Statement: Word | Acrobat
Copps Statement: Word | Acrobat
Adelstein Statement: Word | Acrobat
McDowell Statement: Word | Acrobat
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6/16/06 COVAD
ORDER: After nearly a decade of contentious litigation
and three previous court defeats, the FCC on June 16, 2006 won judicial
approval of its network element unbundling rules. In an opinion written
by Judge Sentelle, the D.C. Circuit denied various petitions for
review of the Commission's Triennial Review Remand Order.
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12/15/04 TRIENNIAL
REVIEW REMAND ORDER: In December 2004, the Commission
adopted an Order on Remand, responding to the USTA II decision, and
adopting new rules for network unbundling obligations of incumbent
LECs . The key issues in this decision include the clarification of
the impairment standard adopted in the Triennial Review Order in one
respect and modification of the application of its unbundling framework
in three respects.
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10/18/04 ORDER
ON RECONSIDERATION: This Order subjects fiber-to-the-curb
(FTTC) loops to the same regulatory framework as FTTH loops, drawing
on the same rationale it applied in the August MDU Reconsideration
Order. In an effort to promote the growth of fiber-based broadband
networks to residential customers, these new regulations alleviate
the duty of incumbent LECs to provide unbundled access to newly deployed
mass market FTTC loops. However, the Commission continues to recognize
the persistence of entry barriers in overbuild situations and requires
continued access to a copper loop or 64 kbps transition path in those
circumstances.
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8/9/04 MDU
RECON ORDER: In this Order, the Commission extended
the fiber-to-the-home (FTTH) rules to include multi-dwelling units
(MDUs) that are primarily residential in nature. Under the existing
FTTH rules adopted in the Triennial Review Order, incumbent LECs do
not have to provide unbundled UNE access to most broadband fiber lines
built to a home. The Commission promulgated this ruling in order to
spur the deployment of fiber lines by removing the disincentive effects
of further unbundling requirements.
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8/20/04 INTERIM
ORDER AND NPRM: The Commission issued this Interim
Order and NPRM in response to the USTA II decision that vacated and
remanded several sections of the Triennial Review Order. The Interim
Order and NPRM invited comments on the implementation of section 251
unbundling obligations and the steps necessary to respond to the USTA
II decision.
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7/13/04 ALL-OR-NOTHING/PICK
AND CHOOSE-SECOND REPORT AND ORDER: In this Order,
the Commission adopted a new "all-or-nothing" rule regarding interconnection
agreements that requires a requesting carrier seeking to avail itself
of terms in another carrier's interconnection agreement to adopt the
agreement in its entirety, taking all rates, terms, and conditions
from the adopted agreement. This order overruled the Commission's previous "pick-and-chose" rules
that allowed negotiating carriers to pick the most favorable individual
provisions of state-approved interconnection agreements without being
required to accept the terms and conditions of the entire agreement.
The Commission determined that this new "all-or-nothing" approach will
promote more efficient negotiations between carriers and reduce the
burdens on negotiation.
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3/2/04 OPINION
-UNITED STATES TELECOM ASS'N v. FCC (USTA II): Several
parties – including incumbent LECs, competitive LECs, state commissions,
and state commission consumer advocates – challenged various aspects
of the Triennial Review Order. These appeals were consolidated in the
D.C. Circuit which issued an opinion in affirming in part, vacating
and remanding in part, the Commission’s Triennial Review Order. The
court decision, among other things, vacated the Commission’s delegation
of authority to state commissions and the nationwide impairment findings
for dedicated transport and mass market switching, while it upheld
the Commission’s determinations on mass market broadband loops and
the role of section 271 access obligations. After initial stays, the
D.C. Circuit and Supreme Court denied further stay requests, allowing
the mandate of the D.C. Circuit to become effective on June 16, 2004.
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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.
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| last reviewed/updated
on 08/19/2008 |
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