[Congressional Record Volume 149, Number 77 (Thursday, May 22, 2003)]
[Extensions of Remarks]
[Page E1062]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         REGARDING FCC TREATMENT OF UNBUNDLED NETWORK ELEMENTS

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                             HON. KEN LUCAS

                              of kentucky

                    in the house of representatives

                         Thursday, May 22, 2003

  Mr. LUCAS of Kentucky. Mr. Speaker, I rise today to comment on the 
Federal Communications Commissions recent ruling regarding unbundled 
network elements. It seems the FCC just can't learn from past mistakes 
since their network unbundling rules have twice been found by the 
courts to be contrary to Congressional intent under the 96 
Telecommunications Act. Now, these rules have led to massive job cuts 
among carriers and their suppliers, discouraged investments in new 
plant and equipment, and slowed the introduction of new, innovative 
services to consumers.
  I call on the FCC to implement strong, regulatory reform that will 
fix its unbundling rules, to help restore this vital sector of the 
economy. Among the needed reforms is the removal of switching as an 
unbundled element. Switching is competitive and widely available. FCC 
policies should promote real facilities based competition not false, 
parasitical, government regulated competition. Real competition 
stimulates investment and benefits consumers and should be encouraged.
  It is important that any reform the FCC undertakes should undermine 
its earlier decisions on special access services, particularly on safe 
harbors that have been approved by the courts.
  When addressing wireline DSL, or broadband, the FCC must arrive at 
new rules that reflect the state of intermodal competition from cable 
providers, who have the dominant share of today's broadband 
marketplace. Competition is needed in broadband and I hope the FCC 
rules will stimulate that.
  Not updating the regulations further discourages investment and 
undermines a national broadband policy that would benefit rural areas 
like those in my district. Congress gave the FCC the responsibility to 
address these issues and it is time the FCC moves forward.




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