Crossy, first, I just want to state what must already be obvious: Everyone was pitching/lobbying at the time of this legislation. Even the switchless voice resellers and construction outfits were employing lobbyists through their respective industry associations. The outcome took the sum total of all of these lobbying successes and shortcomings into account, so it wasn't entirely a one-sided outcome. But I do think it was heavily weighted in favor of the ILECs.
To answer your question, the 'issues' that might have turned out differently might be easy to list, e.g., local number portability, pole and trench rights, reciprocal compensation, network element unbundling <UNEs>, colocation, access to OSSes and subscriber account information, and on and on. But for me to delineate whether they stemmed directly from the Act itself, or from numerous FCC and individual State PUC Orders [and challenges] would be tricky, at best. For me, in any event.
I suppose that I would have to review the terms of the Act in its entirety, and then identify where conflicts with the States and the FCC (and various other federal agencies) occurred, and then sort the answers to your qeustion out from there. That is a tall order for a single post ;)
Maybe we have some communications law experts looking in who could answer your question without having to endure as much pain as I would. Anyone?
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