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 NEWS  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).  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 FOR  IMMEDIATE  RELEASE:  NEWS  MEDIA  CONTACT:  October  22,  2004  Mark  Wigfield,  202-  418-  0253 
 Email:  mark.  wigfield@  fcc.  gov 


 FEDERAL  COMMUNICATIONS  COMMISSION  FURTHER  SPURS  ADVANCED  FIBER  NETWORK  DEPLOYMENT 


 Action  Clarifies  Treatment  of  Broadband  Elements 
 Washington,  D.  C.  –  The  Federal  Communications  Commission  (FCC)  today  voted  to  further  build  on  its  policies  designed  to  spark  deployment  of  new  fiber  optic  networks  capable  of 


 providing  advanced  data,  video  and  voice  services  to  consumers. 
 The  FCC  voted  to  grant  petitions  by  the  regional  Bell  operating  companies,  or  RBOCs,  asking  the  FCC  to  forbear  from  enforcing  rules  that  would  impose  obligations  to  share,  or 


 unbundle,  certain  parts  of  their  new  fiber  networks  with  rivals  on  regulated  terms  and  conditions.  The  action  is  consistent  with  the  nationwide  relief  the  FCC  granted  in  the  February  2003 
 Triennial  Review  proceeding  concerning  unbundling  of  broadband  networks.  Today’s  order  specifically  forbears  from  applying  the  unbundling  obligations  listed  in  Section  271  of  the 
 Telecommunications  Act  of  1996  for  fiber-  to-  the-  home  loops,  fiber-  to-  the-  curb  loops,  the  packetized  functionality  of  hybrid  copper-  fiber  loops,  and  packet  switching.  Packet  switches 
 allow  carriers  to  provide  advanced  services  over  fiber  networks. 
 The  Triennial  Review  eliminated  unbundling  requirements  for  these  broadband  elements  under  Section  251  of  the  Telecommunications  Act  of  1996.  Today’s  action  extends  the  same 


 relief  to  requirements  in  Section  271  of  the  Act,  which  governs  the  RBOCs'  entry  into  long-distance  markets. 


 Consistent  with  the  Triennial  Review,  the  FCC  today  found  that  the  relief  included  in  this  decision  will  benefit  consumers  by  making  the  RBOCs  more  vigorous  competitors  to  cable 
 modem  service,  which  plays  a  significant  role  in  the  current  broadband  market.  The  FCC  also  concluded  that  its  action  furthers  the  Congressional  goal  of  encouraging  broadband  deployment 
 under  Section  706  of  the  Act. 
 The  U.  S.  Court  of  Appeals  for  the  District  of  Columbia  in  March  upheld  the  Triennial  Review’s  broadband  unbundling  relief.  The  Triennial  Review  concluded  that  relieving  incumbent 


 carriers  from  the  unbundling  rules  for  these  particular  broadband  elements  could  spark  a  race  to 
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 build  next-  generation  networks  that  will  benefit  consumers  by  providing  new  services  and  more  competition. 
 The  petitions  for  forbearance  were  filed  by  all  four  RBOCs  and  forbearance  relief  will  apply  to  each.  An  order  detailing  the  FCC’s  analysis  will  be  forthcoming. 
 Action  by  the  Commission,  October  22,  2004,  by  Report  and  Order  (FCC-  04-  254).  Chairman  Powell,  Commissioners  Abernathy  and  Martin.  Commissioner  Copps  dissenting. 
 Commissioner  Adelstein  concurring  in  part  and  dissenting  in  part. 
 WC  Docket  No.  01-  338  WC  Docket  No.  03-  235 


 WC  Docket  No.  03-  260  WC  Docket  No.  04-  48 


 Wireline  Competition  Bureau  Staff  Contact:  Pamela  Arluk  at  202-  418-  1471. 
 -FCC- 
 News  about  the  Federal  Communications  Commission  can  also  be  found 
 on  the  Commission’s  web  site  www.  fcc.  gov. 
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