IPcentral Weblog
  The DACA Blog

Wednesday, May 5, 2004

Commissioner Martin's Request
(previous | next)

Telecommunications Reports [subscription required] reports that Commissioner Martin's office is asking for proposals exchanged between Talk America and ILECs:

In an e-mail sent yesterday to George Vinall, Talk America's executive vice president-business development, Mr. Gonzalez said Commissioner Martin "would like copies of all proposals exchanged between Talk America and the ILECs with respect to the provision of UNEs after the [mandate from the U.S. Court of Appeals vacating the FCC's UNE rules] is issued.

"In particular, Commissioner Martin would like copies of all responses by either party to the proposals made by the other and relating any documentation showing the willingness of either party to facilitate a transition from a UNE-P to a facilities-based UNE-L," Mr. Gonzalez wrote.

This reads like a discovery request that would be interposed during litigation. More likely, it is designed to change the dynamic such that no real negotiation goes on. If this were litigation, Federal Rule of Evidence 408 would preclude the admission of such documents before the fact-finder. Likewise, a common law mediation privilege might apply, as outlined here. In any event, both of these privileges are based on the sound assumption that parties will behave -- and negotiate -- differently if the court, or in this case regulator, is going to be looking at all of the proposals the parties' discuss. Indeed, the premise of these privileges is that parties will not negotiate and instead resort to posturing if all must be divulged.

The question is: What company will negotiate in good faith with the knowledge it may receive a similar requests? Of course, that may have been the point.

posted by Ray Gifford @ 5:28 PM | General

Share |

Link to this Entry | Printer-Friendly

Post a Comment:

Blog Main
RSS Feed  
Recent Posts
  EFF-PFF Amicus Brief in Schwarzenegger v. EMA Supreme Court Videogame Violence Case
New OECD Study Finds That Improved IPR Protections Benefit Developing Countries
Hubris, Cowardice, File-sharing, and TechDirt
iPhones, DRM, and Doom-Mongers
"Rogue Archivist" Carl Malamud On How to Fix Gov2.0
Coping with Information Overload: Thoughts on Hamlet's BlackBerry by William Powers
How Many Times Has Michael "Dr. Doom" Copps Forecast an Internet Apocalypse?
Google / Verizon Proposal May Be Important Compromise, But Regulatory Trajectory Concerns Many
Two Schools of Internet Pessimism
GAO: Wireless Prices Plummeting; Public Knowledge: We Must Regulate!
Archives by Month
  September 2010
August 2010
July 2010
June 2010
  - (see all)
Archives by Topic
  - A La Carte
- Add category
- Advertising & Marketing
- Antitrust & Competition Policy
- Appleplectics
- Books & Book Reviews
- Broadband
- Cable
- Campaign Finance Law
- Capitalism
- Capitol Hill
- China
- Commons
- Communications
- Copyright
- Cutting the Video Cord
- Cyber-Security
- Digital Americas
- Digital Europe
- Digital Europe 2006
- Digital TV
- E-commerce
- e-Government & Transparency
- Economics
- Education
- Electricity
- Energy
- Events
- Exaflood
- Free Speech
- Gambling
- General
- Generic Rant
- Global Innovation
- Googlephobia
- Googlephobia
- Human Capital
- Innovation
- Intermediary Deputization & Section 230
- Internet
- Internet Governance
- Internet TV
- Interoperability
- IP
- Local Franchising
- Mass Media
- Media Regulation
- Monetary Policy
- Municipal Ownership
- Net Neutrality
- Neutrality
- Non-PFF Podcasts
- Ongoing Series
- Online Safety & Parental Controls
- Open Source
- PFF Podcasts
- Philosophy / Cyber-Libertarianism
- Privacy
- Privacy Solutions
- Regulation
- Search
- Security
- Software
- Space
- Spectrum
- Sports
- State Policy
- Supreme Court
- Taxes
- The FCC
- The FTC
- The News Frontier
- Think Tanks
- Trade
- Trademark
- Universal Service
- Video Games & Virtual Worlds
- VoIP
- What We're Reading
- Wireless
- Wireline
Archives by Author
PFF Blogosphere Archives
We welcome comments by email - look for a link to the author's email address in the byline of each post. Please let us know if we may publish your remarks.

The Progress & Freedom Foundation