IPcentral Weblog
  The DACA Blog

Thursday, June 10, 2004

(previous | next)

The SG's decision not to seek an appeal of the DC Circuit's USTA II decision reduced the possibility of Supreme Court cert. But Commissioner Martin's reversal later in the day (which is nice, Randy) was the death blow. So be it. Aspects of the TRO were suspect from the moment they were compromised....uhh...voted upon.

AT&T has predictably launched a missive against the Bush Administration for the SG's decision. But, as Judge Starr eloquently laid out last week, this was a decision grounded in the law, (most likely) resting primarily on the delegation issue and (most likely) made with no influence by the White House, despite all of the rent-seeking behavior by the parties.

The losers? AT&T and MCI to a lesser extent, obviously. Commissioner Martin. NARUC. But companies such as Covad also lost out through the process because they were not large enough to press their arguments for appeal (i.e., on line sharing) due to procedural constraints before the DC Circuit.

So, back to the drawing board at the FCC. Which is unfortunate, with arguably more pressing issues such as the VoIP, broadcast spectrum and intercarrier compensation dockets also demanding time and resources from the Commission. And who knows how much longer Chairman Powell will be able to endure this. What will happen first? Legally bulletproof local competition rules or a brand new Telecom Act?

Finally, it will be interesting to see whether MCI can reach agreements with other incumbents now that the TRO is interred. MCI has strong incentives to get some certainty, if price can be agreed upon. The MCI-Qwest agreement was a good start. Now, there might be an opening for further regional agreements with the remaining BOCs.

posted by @ 12:15 AM | 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