DC Circuit upholds FCC's Triennial Review Remand Order

Earlier this morning the US Court of appeals for the DC Circuit upheld the FCC's Triennial Review Remand Order, in which the FCC set forth its standard for evaluating whether and to what extent BOCs and other ILECs need to make unbundled network elements available to competitors.

The opinion in Covad Communications Co. v. FCC was written by Judge Sentelle, who noted that the FCC "has thrice attempted -- unsuccessfully -- to implement the 'unbundling' provision of the Telecommunications Act of 1996 ... [and] we conclude the Commission's fourth time is a charm."