As a follow-up to our Regulatory Update of October 28, 2010, we would like to remind you that as part of its proceeding regarding special access, the FCC last year issued the attached Public Notice containing data requests regarding loops, interoffice transport, and build-buy decisions. Responses are due January 27, 2011. The requests in Sections III.A, III.B, and III.D are all directed to all providers other than incumbent LECs (e.g., competitive LECs, out-of-region incumbent LECs, cable companies, fixed wireless, etc.) (“CLECs”). While responding to these data requests is voluntary, it is in the interest of every CLEC that purchases special access to respond, so that the FCC will know with confidence based on responses from the entire CLEC community, the full extent of CLECs' capability to provision this service. Thus, collecting comprehensive answers from all CLECs, even those that lack facilities, will be a key underpinning of an FCC order.
For CLECs that do not own (or lease through IRUs) any loops or interoffice facilities, it will be possible simply to answer Request III.A in the negative. For CLECs that own (or lease through IRUs) interoffice facilities but not loops, it will be necessary to answer Requests III.A and III.B.3. For CLECs that own (or lease through IRUs) loops, it will be necessary to answer Requests III.A., III.B, and III.D.
Responses will be kept confidential in accordance with a protective order issued by the FCC. We would be glad to furnish you with a copy of the protective order, to discuss any questions you may have, or to assist you with responses.
Eric J. Branfman, Partner
eric.branfman@bingham.com, 202.373.6553
Tamar E. Finn, Partner
tamar.finn@bingham.com, 202.373.6117
This article was originally published by Bingham McCutchen LLP.