The DC Circuit Court of Appeals has overturned significant
portions of the FCC’s Triennial Review order from last year. So,
essentially, we now have FCC Chairman Powell’s policies for today’s
networks, and Commissioner Kevin Martin’s policies for
tomorrow’s. This makes things even worse than before.
The best argument one could make for the majority’s decision was that
UNE-P would foster some competitive entry in the absence of
line-sharing (which Powell wanted to keep) and open fiber
networks. The best argument for Powell’s view (which I
reluctantly supported) was that the broadband fight was what really
mattered, so we can afford to let UNE-P die. For now, at least,
the DC Circuit has given us the worst of both worlds.