For those of you not paying attention to the goings on at the FCC, a
recent FCC review this past February of unbundled network elements, or UNE�s,
a review that was organized in part to determine the fate of the UNE
platform -- the platform that makes life possible for CLECs and other
competitors to the incumbent ILECs -- seemed to create even more confusion
and consternation about the environment for competitive communications
services.
The primary fear among CLECs was that the FCC would issue an order that
eliminated UNE, and thus would cut off their access to essential network
elements needed to provide service to customers. Although this didn�t come
to pass, the resulting order did shift authority to state utility
commissions, allowing them to decide whether switching and transport should
come off the UNE list on a market-by-market basis. In effect, rather than
killing UNE itself in one fell swoop, the FCC has opted for death of UNE by
50 daggers. CLECs, already exhausted by their lobbying efforts, now must
redouble them in each and every state they provide service to protect their
access to transport facilities. I would imagine the only group rejoicing
from this ill-conceived order is the attorneys.
Another part of the order potentially has the most impact in the IP
telephony and enhanced services space -- an order that in our opinion could
drastically impact the rollout of competitive broadband-reliant
communications services: ILECs will no longer be forced to unbundle
fiber-to-the-home or copper/fiber hybrid loops or in optical carrier-level
transport circuits. Oh, and before I forget, the FCC also ordered that CLECs
will no longer have access to UNE switching for business customers served by
high-capacity loops.
What does this mean for ITSPs, CASPs and other competitive carriers looking
to offer point-to-point broadband communications services to business and
residential customers? And what does this mean to the vendors of IP-based
network switching equipment, such as the softswitch crowd?
Access to broadband facilities would certainly be severely constrained.
The motivation to invest in co-location facilities would plummet. The
bandwidth that competitive broadband carriers could expect from
high-capacity facilities where they currently enjoy pre-existing access
could be drastically throttled back. And the softswitch vendors could face
being shut out from switching facilities.
Due to the current wording of the broadband part of the order, competitive
carriers faced with the prospect of transitioning off of the UNE platform
would be unable to turn to softswitches to help migrate services to their
own facilities. Sales of softswitches could plummet and the net result could
be that CLECs and ITSPs would be blocked from adding or growing their IP
telephony offerings.
It�s a safe bet that this battle is going to be fought out in court, and it
is anyone�s guess whether the courts will offer any relief or come up with a
better solution. And while the final ruling is months away, we can only hope
that the voice of reason and common sense will prevail, and that the final
ruling removes all traces of anti-competitive provisions and
regulatory-choking nonsense.
Marc Robins is Vice President of Publications at TMC and Associate Group
Publisher for INTERNET TELEPHONY� magazine. Marc has been covering the
communications industry since 1980, and his column takes a look at some of
the more interesting trends vying for attention in our industry. Please
contact Marc with comments at
[email protected].
[ Return
To The April 2003 Table Of Contents ]
|