August 22, 2003

F.C.C. Discloses New Rules for Telecom Industry

A lawyer's glee is unrestrained! More later when I've had a chance to understand this order. It is a lawyer's dream because a policy of 'managed competition is not sustainable. Technology out races even the fastest attorneys.
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"The final order, a result of a Congressionally mandated review, has pleased almost no one and will certainly lead to a wave of litigation. 'Every word will be challenged,' said Dana Frix, a telecommunications lawyer with Chadbourne & Parke who often represents the rivals to the Baby Bells. 'My children will go to college on this stuff. This is a lawyer's dream.'"

Mr. Powell is correct. The staes have a politicalincentive to keep rates low...'affordable' is the word that regulators love to interpret.

"Mr. Powell said the guidelines leave too much discretion to the states, which, he said, have great leeway in defining markets. "Every antitrust lawyer knows that the outcome of any case is generally won or lost over how the market is defined," he said in a statement, adding that the discretion will cause "gerrymandering" as states strive to maintain the regulation framework to keep prices artificially low."

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