Hey Michael, Thanks for Nothing (cont'd)

271 Blunders
The first successful vote allowing RBOCs to begin selling Long Distance under the Section 271 terms was in December 1999 - a 5-0 sweep in favor of Bell Atlantic. Shortly after 271 authorization had been granted the violations began. A March 2000 FCC release states, “Bell Atlantic has failed to process properly a large number of orders for such unbundled network elements in New York in the last two months. Specifically, Bell Atlantic has failed to provide competitors with various notifications concerning the status of certain types of electronic orders placed by competitors or otherwise failed to process properly those orders.” When the admonishment was released, Bell Atlantic agreed to a “voluntary payment” to the treasury of up to $27 million. Commissioner Tristani opposed this ruling, suggesting that “the more appropriate response would have been to direct Bell Atlantic to show cause why the Commission should not suspend its authorization to provide long distance service to new customers in New York due to its apparent failure to provide nondiscriminatory, unbundled access to network elements.”

With his failure to back competition in this instance, Powell began a pattern witnessed with each new 271 authorization granted to the RBOCs. Knowing that once a ruling went in their favor it would be easier to pay fines than obey rules, the RBOCs have steadily rebuilt whatever was dissembled by the Telecom Act of 1996. It seems as though following Tristani’s suggestions would have done more for fairness in competition than dissenting in part while allowing Orders to proceed. For all of Powell’s rhetoric about competition and the boundaries of the law, the RBOCs have had nearly free reign for years, right under his nose.

There doesn't seem to be a genuine concern for what's best for consumers, whom the FCC is charged with protecting. Even the most recent attempt at UNE rules seems focused more on gaining acceptance than on achieving the best possible rules. It is admirable in a limited sense to see such devotion to the achievement of passable UNE rules. It would be better to have rules designed with the best future as a goal, rather than rules designed to withstand judicial review.

Powell has had four years as FCC Chairman to help right telecom's wrongs, but in the balance he has failed. Despite his strong and repetitive rhetoric, Powell should be judged by the state of telecommunications that he has helped to deliver. The United States is trailing the world's leaders in broadband penetration, CLECs are trying to survive as they work around a fourth set of UNE rules, and the number of telecom choices are growing fewer. These negatives outweigh Powell's “IP” advocacy, the future of which will be decided in Congress after Powell is long gone.

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