Commlaw Source

FOLLOWING THE TELECOMMUNICATIONS INDUSTRY AND RELATED LEGAL TOPICS

Thursday, June 22, 2006

XO pulling the plug on its forbearance petition? Say it isn't so, please.

The word on the street is that XO may be pulling the plug on its pending forbearance petition, which seeks the elimination on some of the unbundling restrictions related to EELs (loop and transport combos) and DS1 loops.

We hope this isn't true, and if it is, we're sorely disappointed. Withdrawing gives the FCC a free pass. Forcing the FCC to decide would make the individual Commissioners culpable for their action or in-action, as the case may be. Plus, whenever the Commission is forced to act on a timeline other than its own, anything is possible.

Some would suggest (and we know who you are) that withdrawal is better than a bad forbearance decision. We disagree. It's best know where you stand, and to make people that are hostile to your business reveal themselves publicly. In this case, there is no "other day" to save the fight.

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