85
Marlene H. Dortch, FCC, GN Dkt. Nos. 14-28 & 10-127, at 1
(Feb. 3, 2015).
B.
Full Service Network contends that the Commission
acted arbitrarily and capriciously in forbearing from the
mandatory network connection and facilities unbundling
requirements contained in sections 251 and 252. As relevant
here, section 251 requires telecommunications carriers “to
interconnect directly or indirectly” with other carriers and
prohibits them from “impos[ing] unreasonable or
discriminatory conditions or limitations on[] the resale
of . . . telecommunications services.” 47 U.S.C. § 251(a)(1),
(b)(1). “Incumbent local exchange carrier[s],” meaning
carriers who “provided telephone exchange service” in a
particular area as of the effective date of the
Telecommunications Act, must provide nondiscriminatory
access to their existing networks and unbundled access to
network elements in order to allow service-level competition
through resale. Id. § 251(c), (h)(1). Section 252 sets
standards for contracts that implement section 251
obligations.
Full Service Network first argues that section 10(a)(3)’s
public interest determination “must be made for each
regulation, provision and market . . . using the definition and
context of that provision in the [Communications] Act.” Full
Service Network Pet’rs’ Br. 14–15 (emphasis omitted).
Because section 251 “applies to ‘local exchange carriers,’”
Full Service Network contends, “the geographic market, as
the name implies and the definition in the [Communications]
Act confirms, is local and not national.” Id. at 15 (emphasis
omitted) (quoting 47 U.S.C. § 251).
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