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FCC Reaches an Uneasy Compromise Governing Broadband Network Build-Outs and the Unbundling of Network Elements

February 01, 2003

By Carl W. Northrop and Christine M. Crowe

The Federal Communications Commission has reached a decision on the extent to which Incumbent Local Exchange Carriers must provide elements in their networks to competitors on an unbundled basis and at forward-looking costs. The FCC’s decision is part of the triennial review process it established in 1999 with respect to the availability of Unbundled Network Elements, and also provides a response to a decision of the United States Court of Appeals for the D.C. Circuit reversing prior FCC decisions governing access to various network elements.