In an op-ed piece appearing in yesterday's Washington Times, Adam Thierer (Cato Institute), James Gatusso (Heritage Foundation), and yours truly urged that, in the wake of the DC Circuit's decision vacating the FCC's sharing rules, state and federal regulators not throw up roadblocks that provide disincentives for the ILECs and CLECs to negotiate with each other to reach mutually satisfactory interconnection agreements.

The bottom line, we said:

"The D.C. Circuit decision has opened a window of opportunity to escape the regulatory and litigation morass that has prevailed since the 1996 Telecom Act passed. But if regulators act as if nothing has really changed, then nothing will. It is past time for regulators to abandon the last century's public utility model in favor of a market-oriented regime in which industry participants have contract freedom so, like others in a competitive marketplace, they can decide themselves how to meet customer needs by voluntary agreements."

Eight years after the 1996 Telecom Act was passed, don't you agree it's time to stop litigating and start negotiating?