Level 3 blames Internet slowdowns on Technica
lowen at pari.edu
Mon Mar 24 16:05:28 UTC 2014
On 03/23/2014 11:08 PM, Frank Bulk wrote:
> Not sure which rural LECs are exempt from competition.
This is a quagmire;but it boils down to "if the FCC says they're exempt,
then they're exempt and have a 'rural monopoly'" (there's a lot of
caselaw and a number of FCC Report and Orders (and further Report and
Orders and Notices of Rulemaking and Public Notices and the like) on the
subject, but it goes back essentially to the definition found in 47 USC
§ 153(37) of a "Rural Telephone Company").
Just being covered by an NECA (National Exchange Carriers Association)
tariff doesn't automatically grant this, since there is a subsection in
47 CFR § 61 dealing with "Rural CLEC's" and their exemptions. This
landscape is changing constantly, and it has been quite some time since
I've traced the threads in the various R&O's and PN's from the FCC on
the subject; it would take probably a full week just to get up to date
on the current state of things, since it's been five years since I last
looked at it.
This is one case where you would have to ask a good communications
attorney to know for sure.
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