On December 18, the FCC released its special access report and order and further notice of proposed rulemaking (FNPRM). In the order, the FCC requires providers and purchasers of special access service and certain other services to submit data, information and documents for the Commission to conduct a comprehensive evaluation of competition in the special access market. In the FNPRM, the FCC proposes and seeks comment on a market analysis to assist it in evaluating whether the pricing flexibility rules result in just and reasonable special access rates and what regulatory changes may be needed. The Commission also seeks comment on how the special access pricing flexibility rules might change after they conduct the market analysis; what steps the Commission should take where relief has been provided under existing rules and where the data and analysis demonstrate that competition is not sufficient to discipline the marketplace; and, data and information on the terms and conditions offered by incumbent LECs for special access services.
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