To: Frank A. Coluccio who wrote (10183 ) 1/16/2001 8:39:04 AM From: elmatador Read Replies (2) | Respond to of 12823 ADSL in life support: All ADSL deployment of SBC is just to fulfil obligations. It is part of deal cut with the regulator. Slowly and steadily they will manage themselves out of it. Source: DSL Prime SBC & the FCC can't ignore the Telecommunications Act Judge Silberman insists on resale of DSL The court says the law is clear: DSL should be subject to the same rules that require the telcos to share services. Unbundled elements and resale of telco services are likely new tools for competitors as an Appeals court orders incumbents to share all facilities - presumably including DSLAMs - and offer their services at wholesale rates. Judge Silberman found that separate subsidiaries were not sufficient to bypass the Act. Rather, the subsidiaries were "successors or assignees" of the telcos, and regulated. Nothing's likely to change until after months or years of appeals and proceedings. Under the law, the FCC can "forebear" from requiring unbundling, but that would require a finding of public interest, inherently implausible as a waiver would reduce competition and presumably raise prices. Telcos will argue they will be inhibited from investment in broadband if required to share, but that's unsustainable on the facts. Telcos throughout the world are investing in DSL whether or not they are given a protected monopoly, because they project DSL will be profitable as an additional service offered by incumbent carriers. It's a no-brainer for a telco to do 60-80% DSL coverage. The FCC cut a deal with SBC to allow the Ameritech merger to go through. The FCC got a commitment that SBC would provide broadband to every customer in their territory - a universal service commitment fulfilling public policy. SBC also promised to compete in thirty markets across the US, and accepted several other goals. In return, the merger went through and they got the monopoly they wanted on certain DSL services. But Silberman called the deal "legal jujitsu", and vacated it. Judge Silberman is a conservative Republican who appointed Ken Starr and is unlikely to be over-ruled by the Supremes. His wife's "Independent Woman's Forum" led the attack on Bill Clinton. Arch-conservative Richard Mellon Scaife provided $450,000 to fund IWF, described by the Boston Globe "In the marketplace of ideas, from the national news media all the way down to local radio, the IWF has shown its real strength... [The] IWF is well on its way to becoming the foremost media nemesis of the feminist movement"