Since 2002, purchasers of special access services from the incumbent local telephone companies have been asking the FCC to revise its pricing rules for the services.   Last month, CompTel (the leading trade association for competitive carriers) and a coalition of others asked the United States Court of Appeals for the DC Circuit to require the FCC to resolve its pending special access proceeding within six months.  The CompTel petition is a petition for mandamus — a court order compelling action by the agency.  The FCC has not yet responded to the petition. 

This is not the first time competitive carriers have gone to the court for action.  Back in 2003, the old AT&T (pre-acquisition by SBC) asked the same court to compel the FCC to act on AT&T’s Petition for Rulemaking filed in 2002 to revise the special access rules.  In reliance on the FCC’s representations that it was diligently working the proceeding, the court required the FCC to file periodic status reports.  The court eventually dismissed the AT&T mandamus petition after the FCC issued the current Notice of Proposed Rulemaking in early 2005.  Six years later, the FCC has not completed that proceeding and CompTel asks the court to require a resolution. …

Continue Reading CompTel Asks Court to Compel Action on Special Access