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If there's one bit of advice you hear over and over in
the CLEC industry, it's get a good lawyer. Legal and regulatory issues
related to CLECs are exceedingly complex. We help you understand
those issues in this orbit.
ILECs Have New Excuses in New Buildings Best of ISP-Lists
[August 4, 2008] A member of the ISP-CLEC list finds an all new twist on an all-too-familiar lie from the phone company.
Warning: FCC Cracking Down on CPNI Alex
Goldman
[June 6, 2008] If you offer CLEC or VoIP services and you don't know about the FCC's rules on private data, contact your lawyer immediately to learn about CPNI rules.
The Long Term Consequences of a Small Town Ruling Best of ISP-Lists
[May 21, 2008] A veteran telecom consultant warns that arcane rules allow ILECs of all sizes to work to mutual advantage to milk money from the federal government.
Regulation
Briefs, July-August 2006 Kristopher
Twomey
[September 7, 2006] A practicing law office provides
key updates on telecommunications regulation across the U.S.
Regulation
Briefs, June 2006 Kristopher
Twomey and Andrew Ganz
[July 27, 2006] A practicing law office provides
key updates on telecommunications regulation across the U.S.
Regulation
Briefs, February 2006 Kristopher
Twomey and Andrew Ganz
[March 9, 2006] A practicing law office provides
key updates on telecommunications regulation across the U.S.
Regulation
Briefs, January 2006 Kristopher
Twomey and Andrew Ganz
[February 9, 2006] A practicing law office provides
key updates on telecommunications regulation across the U.S.
Qwest
Imposes Restrictions on 3rd Party DSL Lines BroadbandReports.com
[January 9, 2006] The most contentious change
is the fact that Qwest imposes these restrictions on the customer, even
if they're getting actual DSL service from a third-party CLEC, and Qwest
is simply providing local voice.
Regulation
Briefs, September 2005 Kristopher
Twomey and Andrew Ganz
[October 21, 2005] A practicing CLEC law office
provides key updates on regulation across the U.S.
No
UNEs in Omaha Best
of ISP-Lists
[September 27, 2005] Members of the ISP-CLEC
list discuss the end of competition in the heartland.
A
CLEC Perspective on Regulation Alex
Goldman
[September 16, 2005] A conversation with a key
executive at a major CLEC shows that ISPs, CLECs, and VoIP providers have
much in common as regulators prepare gifts for RBOCs.
Our
FCC Future: Owned by the Bell? Alex
Goldman
[February 4, 2005] There's a debate among the
ISPs and CLECs (collectively, the "Independent ISPs"): will the new FCC
be any better than the old one, or could it even be worse?
Study
Says BOC-Proposed Rules Would Harm U.S. Businesses ISP-Planet
Staff
[November 11, 2004] A study, funded by CompTel/ASCENT
and released yesterday, says that FCC rule changes could cost the nation billions
of dollars and hundreds of thousands of jobs.
The
Bottom Line is Competition Best
of ISP-Lists
[July 26, 2004] As lawmakers prepare to rewrite the
Telecommunications Act of 1996 (see the definition of the word CLEC)
basic arguments about the history and future of telecommunications have immediate
impact.
Simplifying
Telecom Law Alex Goldman
[July 9, 2004] One lawyer lays out simple guiding principles
that could be used to untangle the thicket of rules and regulations that govern
telecommunications.
DSL
Prime: All Eyes on SBC Dave
Burstein
[May 19, 2004] As SBC prepares to change CEOs
and a strike becomes imminent, DSL Prime predicts the business strategy
of the likely successor. But who will call SBC on all its lies?
D.C.
Deadlock Continues As Crucial Telecom Deadline Expires
Alex Goldman
[May 17, 2004] A D.C. Circuit Court ruling made in March
is causing a crisis now. As the FCC, the court, the White House, and major Internet
companies angrily trade blame, we approach a period of literal telecom lawlessness.
CompTel/Ascent
Challenges SBC Secrecy H.
Russell Frisby
[May 5, 2004] In an open letter to the FCC, a pro-CLEC
and pro-competition lobbyist asks what SBC is trying to hide.
USTA
v. FCC: A Decision Ripe for the Supremes
Fred R. Goldstein and Jonathan S. Marashlian
[March 25, 2004] Two legal experts eviscerate the recent
DC Circuit Court ruling in favor of the RBOC trade lobby in its lawsuit against
the FCC's anti-monopoly policies.
Competitors
React to Circuit Court Decision Alex
Goldman
[March 4, 2004] A recent decision by the D.C. Circuit
Court showed that the only certainty in telecommunications regulation is a continuing
litigation bonanza.
ISPs
Can Breathe Easy in 2004 Max
Smetannikov
[Febraury 2, 2004] The year of the monkey will not
see an introduction of Internet access tax, VoIP tax, UNE-P overhaul, or any
other legislation that would impact ISPs or CLECs, say industry insiders—but
brace for more regulatory changes and taxes in 2005.
Triennial
Review Part IV: A Game Played Every Year Alex
Goldman
[October 17, 2003] Tucked away in the FCC's triennial
review is a provision that sets up an annual contest between CLECs and the local
phone company. It is a high stakes game for the CLECs, but penne ante for the
phone company.
Judges
Overturn FCC Cable Modem Rule Colin
C. Haley
[October 7, 2003] The FCC wrongly exempted cable Internet
service providers from competition rules, an appeals court panel rules.
Triennial
Review Part III: Another Unfunded Mandate Alex
Goldman
[October 3, 2003] The FCC claims that state commissions
have a better understanding of local markets than the FCC, logic that conveniently
justifies pass-the-buck policies.
Triennial
Review Part II: The FCC's Fiber Failure Alex
Goldman
[September 26, 2003] A small group of companies, hoping
to sell equipment to the Bells, have manipulated FCC fiber policy, ignoring,
ironically, the only entities actually deploying fiber: CLECs and municipal
governments.
Triennial
Review Part I: A Definition of Competition Alex
Goldman
[September 19, 2003] In the first hundred pages of
the triennial review, the FCC defines competition. This deceptively esoteric
subject is the foundation of the effort to end line sharing.
You
Are A Socialist Alex Goldman
[September 4, 2003] The Cato Institute, an influential
right wing think tank, has published a book that seems to explain current thinking
in Washington, D.C. It says that network owners have a right to deny access,
and that "forced access" is mere "infrastructure socialism."
Bells
Move to Block New FCC Rules Roy
Mark
[August 29, 2003] Incumbent telecoms wait less than
a week in asking court to reverse regs allowing states to determine fate of
line sharing.
VoIP
Gets Tangled in Regulatory Thicket Erin
Joyce
[August 28, 2003] Here's a billion dollar question:
are IP-enabled voice calls an information service or telecommunications service?
Voices
for Choices Wins Two vs. SBC
Alex Goldman
[June 13, 2003] Voices for Choices, an activist coalition,
has won two lawsuits against SBC in Illinois recently, even as SBC got its anti-regulation
law passed in the state legislature.
A
Critical Year for ISPs Ted
Stevenson
[May 8, 2003] In his keynote address at ISPCON spring
2003 in Baltimore, telecom reformer Bruce Kushnick delivered a strident call
to arms for small independent ISPs.
Editorial:
States' Rights Killed My ISP
Alex Goldman
[March 13, 2003] Conservative thinkers who want to
reinterpret the Constitution have won a test case, making broadband regulation
a laboratory for their policies.
Telecom
Analysts Say FCC Reform Needed Roy
Mark
[February 7, 2003] A group of telecommunications analysts
agreed with House Energy and Commerce Chairman Billy Tauzin that UNE should
be scrapped, but disagreed about why.
A
Case for Structural Separation
Best of ISP-Lists
[January 24, 2003] Current rule changes being considered
by the FCC—and favored by its chariman—may threaten the very existence of many
CLECs. Members of the ISP-CLEC list offer a novel twist on the concept of separate
versus shared infrastructure.
Regulatory
Future? More Uncertainty
Alex Goldman
[January 10, 2003] As the FCC conducts its triennial
review of rules for the telecommunications industry, glimpses into the secretive
process give hints of deep ideological and political divides within the commission,
with little apparent room for agreement or compromise.
DSL
Prime: Please Talk to Kevin Martin
Dave Burstein
[January 9, 2003] FCC Comissioner Kevin Martin has
asked for comments from those in the business. Answer his call and contact the
FCC. In other news—surely Tauzin could dangle some lure to get Bell service
in Louisiana?
Florida
PSC's Decision Opposed Alex
Goldman
[December 13, 2002] CLECs in Florida say that the latest
decision by the Florida Public Service Commission (PSC) will thwart their plans
to offer service in areas where Sprint is the local phone company.
UNE
Pricing: Facts and Fictions
Walter G. Blackwell
[December 2, 2002] An industry advocate says that the
the regional Bell operating companies (RBOCs) are using five fallacious arguments
to fight current competition rules.
Regulatory
Tug of War Patricia Fusco
[November 25, 2002] While CLECs commemorate the third
anniversary of the FCC's renowned line sharing and UNE-P orders, one RBOC asks
the Commission's Wireline Competition Bureau to terminate those very rules.
U.S.
Supreme Court Reverses Decision on Wireless Pole Attachments and Commingled
High-speed Internet/cable Television Services
Elliott S. Cappuccio
Stumpf Craddock Massey & Pulman, P.C. (SCM&P)
[Feb. 4, 2002] The U.S. Supreme Court issued a much anticipated
opinion reversing a decision from the United States Court of Appeals for the
Eleventh Circuit, which will impact CLECs. Columnist Elliott Cappuccio investigates
and comments.
FCC Finds That SBC Misrepresented Facts
Elliott S. Cappuccio
Stumpf Craddock Massey & Pulman, P.C. (SCM&P)
[Oct. 1, 2001] The FCC found that SBC
"apparently" misrepresented facts, violated duty
to disclose inaccurate information, and violated consent
decree. Columnist Elliott Cappuccio investigates and
comments.
FCC Clarifies CPNI Rules in Response to the Tenth Circuit's U.S. West v. FCC Decision
Elliott S. Cappuccio
Stumpf Craddock Massey & Pulman, P.C. (SCM&P)
[Oct. 1, 2001] On September 7, 2001, the
FCC issued its Clarification Order and Second Further Notice
of Proposed Rulemaking that addresses the status of the
FCC's CPNI rules in light of a decision from the U.S. Court
of Appeals for the Tenth Circuit in U.S. West v. FCC, 183
F.3d 1224 (10th Cir. 1999), and "explains how parties
may obtain customer consent for use of their CPNI."
Elliott S. Cappuccio analyzes and comments.
FCC Revisits Reciprocal Compensation for ISP-bound Traffic and Establishes a New Interim Compensation Mechanism
Elliott S. Cappuccio
Stumpf Craddock Massey & Pulman, P.C. (SCM&P)
[June 25, 2001] The Federal Communications
Commission ("FCC") recently released an order on
reciprocal compensation for ISP-bound traffic that carries
enormous consequences for CLECs, ISPs, and individual
consumers of dial-up Internet services.
FCC Extends Deadline for Detariffing of Domestic Services and Adopts Detariffing Measures for International Services
Elliott S. Cappuccio
Stumpf Craddock Massey & Pulman, P.C. (SCM&P)
[April 24, 2001] On February 5, 2001, the
FCC extended the transition period for interexchange
carriers (IXCs or long distance carriers) to complete the
detariffing process of domestic mass-market consumer
services. (CC Docket No. 96-61). Columnist Elliott S.
Cappuccio comments.
US Supreme Court to Review State Telecom Case
Elliott S. Cappuccio
Stumpf Craddock Massey & Pulman, P.C. (SCM&P)
[April 9, 2001] Do federal courts have the
power to review certain actions taken by state public
utility commissions involving local exchange carriers? The
Supreme Court granted certiorari and agreed to hear an
appeal from a decision of the Seventh Circuit Court of
Appeals in Illinois Bell Telephone Company d/b/a
Ameritech Illinois v. WorldCom Technologies, Inc., 179
F.3d 566 (7th Cir. 1999).
Intercarrier Compensation For ISP Traffic: An Update
Peter
L. Gardon
[May 10, 2000] The FCC concluded that ISP traffic was jurisdictionally mixed, but largely interstate, and held that communications were not "local." Read an in-depth analysis that discusses whether Internet communications are here or there.
Generic
Proceedings Can Resolve Conflicts With ILECs Peter
L. Gardon
[March 17, 2000] Conflicts with incumbent
carriers are all too common. But a method of resolving
those conflicts, called generic proceedings, is emerging.
Legal columnist Peter L. Gardon reviews this type of
conflict resolution and explains how it can save CLECs time
and money.
Reciprocal
Compensation For ISP Traffic: What's The Future?
Peter L. Gardon
[December 17, 1999] CLECs love ISP traffic
because it generates reciprocal compensation. But will
this revenue stream continue? Legal columnist Peter L.
Gardon describes the regulatory environment and discusses
the future.
Interconnection Agreements: What You Need To Know Peter L. Gardon
[November 19, 1999] So you think the Telecommunications Act is clear about interconnecting with an incumbent? Think again. Here are the legal ins and outs.
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