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CLEC Legal/Regulatory

 • About CLECs  • Business  • CC&B  • Expert Advice
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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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