[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[Extensions of Remarks]
[Page 3815]
[From the U.S. Government Publishing Office, www.gpo.gov]




      THE DECISION OF THE FEDERAL COURT OF APPEALS IN USTA v. FCC

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                           HON. HENRY BONILLA

                                of texas

                    in the house of representatives

                         Tuesday, March 9, 2004

  Mr. BONILLA. Mr. Speaker, I rise today in support of the March 2, 
2004, decision of the United States Court of Appeals for the District 
of Columbia in the case of USTA v. FCC. This decision represents the 
third consecutive time that many of the FCC's rules for the unbundling 
of network elements have been judicially reversed. This includes an 
opinion by the Supreme Court in 1999 in the case of AT&T v. Iowa 
Utilities Bd. The FCC's attempts to enact unbundling rules continue to 
be struck down because they fail to apply the Telecommunications Act of 
1996's limiting standard.
  The Telecommunications Act of 1996 required the FCC to establish 
unbundling rules pursuant to standards that the Congress legislated. 
The FCC after 8 years has still to carry out its statutory 
responsibilities.
  It is my hope that the FCC will revise its rules forthwith, and with 
due attention to the limiting standard required by law.

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