MontanaSky Asks FCC to Protect CLECs in Evaluating Frontier Asset Transfer

should "recognize the scale of dysfunction that Montana Sky has endured to this point" and "ensure that pro-consumer practices guide us all in the future," they said in joint comments. The CLECs asked that as Northwest Fiber seeks control of the Frontier properties in Montana, it commit "up front to pro-competitive practices so as to avoid the prior and well documented anti-consumer, dysfunctional practices of the company it seeks to acquire." MontanaSky said Frontier provided poor service to its residential customers in Montana and "it also provided poor service to Montana Sky." MontanaSky recommended the FCC take three steps in evaluating the transfer of assets. It said "Northwest should commit to commercially reasonable practices in its interconnection and resale negotiations" with CLECs in the Montana markets. MontanaSky said Frontier has made negotiating for unbundled network elements or resale "virtually impossible." When MontanaSky tried to buy copper feeds to service a Connect America Fund auction block, it said, it was "frustrated at every turn by Frontier's refusal to return calls or set reasonable UNE rates." It asked FCC to get a commitment from Northwest "that these pricing and business practices will cease immediately upon transfer of control." It said the FCC should also require a "dig once" notification process for upgrades promised by Northwest. The Montana access lines "are located in low-population communities that are hard to reach and serve," MontanaSky said. "It would be efficient for all concerned if Northwest would give notice to Montana Sky or other interested CLECs when it intends to open a trench to upgrade its networks in these territories." Doing so would help "long underserved consumers" and increase the "likelihood of much-needed new infrastructure deployment from multiple providers." MontanaSky also wants reasonable access "on commercially reasonable terms" to backbone and middle mile fiber lines running through Libby, Montana, that Frontier has refused to discuss with the CLEC. "The Commission should urge Northwest to engage in these discussions, particularly since Montana is such a small and underserved market," it said. Montana State Rep. Steve Gunderson (R) told the FCC in a letter that Frontier service has been "spotty and lacking in speed performance and quality of service provided" in his district, but MontanaSky "has worked diligently" to provide high-quality service to customers in his hometown of Libby and nearby communities.