FCC could ‘avert a potential crisis in the broadband industry’ by...

ex parte filing with FCC. In alternative, FCC could get commitment from ILECs that they would continue providing line-shared loops while Commission acted on court’s ruling, 2 companies said. Letter expressed fear that “some or all of the incumbent LECs may interpret the court’s decision as immediately relieving them of any line-sharing requirements.” That would disrupt DSL services to hundreds of people served by competitive companies, letter said. Representatives of several CLECs say they feared FCC wouldn’t appeal D.C. Circuit’s decision to U.S. Supreme Court because Commission liked what court ordered. Court’s decision is somewhat compatible with what FCC Commission has proposed doing in its Triennial Review of unbundled network so some CLECs say privately they think Commission will choose not to appeal to give their proposal more authority. Among other things, FCC’s Triennial Review proposal suggests determining on geographic area basis whether ILECs can be relieved of providing some UNEs, methodology also suggested by Appeals Court and known in industry as “granular” approach. There’s now national list that requires ILECs to provide all UNEs needed by CLECs and granular approach could lead to eliminating some UNEs in some parts of country but not in others. Washington representative of another CLEC said court’s ruling gave FCC ability to say it had no choice but to take granular approach they favored. “Now they can say ’the devil made me do it,'” he said.