To: Frank A. Coluccio who wrote (1266 ) 9/9/1998 9:09:00 AM From: Frank A. Coluccio Respond to of 3178
Court Reverses Telecom Act Ruling [Another Holiday Weekend Ruling on LD. What's with the holidays? And what does this do for IP Telephony, if anything?] September 9, 1998 SAN ANTONIO, TEXAS, U.S.A., Newsbytes via NewsEdge Corporation : Long-distance carriers are celebrating and regional Bell operating companies (RBOCs) are glum after an appeal court late on the eve of the long weekend overturned a lower court ruling in favor of SBC Communications Inc.'s [NYSE:SBC] challenge to parts of the Telecom Act of 1996. The US Court of Appeals for the Fifth Circuit overturned a ruling by Judge Joe Kendall of the US District Court for the Northern District of Texas, who last New Year's Eve agreed with SBC's claim that parts of the act unfairly discriminated against SBC and the other RBOCs. SBC had argued that provisions specifically restricting the RBOCs from competing in certain areas such as long- distance service amounted to a bill of attainder, or trial by legislature, prohibited by the US constitution. However, a three-judge panel at the appeal court has overturned Kendall's ruling by a two-to-one margin, ruling the provisions constitutional. Had the appeals court upheld Kendall's position, the way would have been cleared for RBOCs to begin providing long- distance service in short order. Instead, their entry into the long- distance market will continue to hang on the Federal Communications Commission (FCC) deciding the RBOCs have done enough to open up the local service markets in their territories to competition. SBC said it is disappointed by the ruling, and argued that the losers will be consumers "who deserve full-fledged competition in all sectors of the telecommunications industry." SBC pointed out that counting the appeals court's three-judge panel along with Judge Kendall, two of four judges who have heard its case so far have sided with SBC. Major long-distance carriers are happier with the ruling. AT&T issued a statement saying it is pleased though not surprised by the appeals court ruling, and expressing the hope that "today's ruling puts to rest this line of attack against the Telecom Act by the Bell companies." Meanwhile at MCI Communications Corp., spokesman Dan Greenfield told Newsbytes that the decision is "a clear victory for consumers and fair competition, " and said the RBOCs should now focus more on opening their markets to competition and complying with the law. SBC still has the option of appealing the decision to the Supreme Court. Spokesman Larry Solomon at SBC told Newsbytes the company has not yet determined whether to pursue such an appeal. Reported By Newsbytes News Network:newsbytes.com (19980908/Press Contact: Larry Solomon, SBC Communications, 210-351-3990, e- mail solomonl@corp.sbc.com; Jim McGann, AT&T, 888-602-5490; Dan Greenfield, MCI, 202-887-2750 /WIRES TELECOM, BUSINESS, LEGAL/) <<Newsbytes -- 09-08-98>> [Copyright 1998, NewsBytes]