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 NEWS  News  media  Information  202  /  418-  0500  Fax-  On-  Demand  202  /  418-  2830  TTY  202/  418-  2555  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974). 
 FOR  IMMEDIATE  RELEASE  NEWS  MEDIA  CONTACT  March  31,  2004  David  Fiske  202-  418-  0513 
 Press  Statement  of  Chairman  Michael  K.  Powell  and  Commissioners  Kathleen  Q.  Abernathy,  Michael  J.  Copps, 
 Kevin  J.  Martin  and  Jonathan  S.  Adelstein  On  Triennial  Review  Next  Steps 


 Today,  we  sent  a  letter  to  telecommunications  carriers  and  trade  associations  urging  them  to  begin  a  period  of  commercial  negotiations  designed  to  restore  certainty  and  preserve 
 competition  in  the  telecommunications  market.  Ongoing  litigation  has  unsettled  the  market.  To  address  this  uncertainty,  we  ask  all  carriers  to  engage  in  a  period  of  good  faith  negotiations  to 
 arrive  at  commercially  acceptable  arrangements  for  the  availability  of  unbundled  network  elements.  We  trust  the  parties  will  utilize  all  means  at  their  disposal,  including  the  selection  of  a 
 third-  party  mediator,  to  maximize  the  success  of  this  effort.  The  Communications  Act  emphasizes  the  role  of  commercial  negotiations  as  a  tool  in  shaping  a  competitive 
 communications  marketplace.  After  years  of  litigation  and  uncertainty,  such  agreements  are  needed  now  more  than  ever. 


 To  provide  additional  time  for  these  negotiations,  we  intend  to  petition  the  D.  C.  Circuit  for  a  45-  day  extension  of  the  stay  of  its  decision  vacating  our  unbundling  rules.  We  likewise  will 
 request  that  the  Solicitor  General  seek  a  comparable  extension  of  the  deadline  for  filing  a  petition  for  certiorari.  The  express,  limited  purpose  of  this  request  is  to  allow  these  negotiations  to  take 
 place  and  for  the  parties  to  reach  commercial  agreements.  We  have  asked  the  carriers  to  indicate  to  us  by  Tuesday,  April  6  whether  they  will  participate  and  will  support  a  stay  of  the 
 court’s  mandate. 
 In  the  past,  the  Commission  has  been  divided  on  these  issues.  Today,  we  come  together  with  one  voice  to  send  a  clear  and  unequivocal  signal  that  the  best  interests  of  America’s 
 telephone  consumers  are  served  by  a  concerted  effort  to  reach  a  negotiated  arrangement.  We  call  on  all  sides  to  commit  to  working  in  good  faith  toward  a  prompt  negotiated  resolution. 


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