Friday, August 18, 2006
Courts Side with FCC - Twice
From Techweb: "In a decision reported Wednesday, the U.S. Court of Appeals for the District of Columbia Circuit denied an EarthLink petition that sought to overturn a FCC ruling that withheld some access by smaller firms to the large firms' high-speed lines. EarthLink had argued that the FCC's rule was a blow to competition." And Gary Kim at Dagmar Media posts: "A U.S. appeals court has upheld a 2004 decision by the FCC allowing phone companies to deploy new fiber-optic lines without having to share them with competitors. The Court of Appeals for the District of Columbia Circuit rejected a legal challenge by EarthLink aimed at overturning the decision. That means competitors have no legal right to wholesale use of fiber access loops. That doesn't mean they can't negotiate commercial agreements, though." That means that the prospective customer base of every CLEC is shrinking as more copper is converted to fiber. Obselence.