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 STATEMENT  OF  COMMISSIONER  KEVIN  J  .  MARTIN 
 Re:  Review  of  the  Section  251  Unbundling  Obligations  of  Incumbent  Local  Exchange  Carriers,  Implementation  of  the  Local  Competition  Provisions  of  the 
 Telecommunications  Act  of  1996;  Deployment  of  Wireline  Services  Offering  Advanced  Telecommunications  Capability;  Order  on  Reconsideration,  CC 
 Docket  Nos.  01-  338,  96-  98,  98-  147. 


 Today,  the  Commission  continues  its  effort  to  promote  the  deployment  of  new  broadband  networks  throughout  the  nation.  Investment  in  broadband  facilities  and  high-speed 
 networks  is  critical  to  providing  American  consumers  with  21  st  century  advanced  services  and  capabilities. 


 In  providing  the  same  regulatory  relief  for  fiber-  to-  the-  curb  (“  FTTC”)  loops  as  we  established  for  fiber-  to-  the-  premises  (“  FTTP”)  loops,  we  encourage  the  deployment  of 
 new  packetized  fiber  networks  and  bring  the  potential  for  new  advanced  services  closer  to  the  American  consumer. 


 I  am  pleased  that  today’s  action  continues  our  effort  to  lift  legacy  regulations  on  new  broadband  investment.  We  also  clarify  that  our  intention  was  to  preserve  access  to 
 the  incumbent  LECs’  existing  network  facilities,  and  to  provide  access  to  DS-  1  loops  only  over  TDM  capable  hybrid  network  facilities  and  not  over  packetized  network 
 facilities.  In  the  Triennial  Review  Order,  we  held  that  ILECs  need  not  unbundle  their  packet-  based  networks,  including  any  packetized  transmission  path. 


 In  particular,  we  recognize  that  where  ILECs  deploy  new  packet-  based  networks  they  nevertheless  may  need  to  hand-  off  a  signal  to  some  customers  in  TDM  format  in 
 order  to  be  compatible  with  an  end  user’s  customer  premises  equipment.  The  decision  makes  clear  that  carriers  that  choose  to  deploy  new  packet-  based  networks  will  not  be 
 required  to  unbundle  their  new  packet-  based  networks  regardless  of  whether  they  hand  off  a  signal  in  a  TDM  format  to  any  such  customer. 


 I  look  forward  to  working  with  my  colleagues  on  our  on-  going  effort  to  ensure  that  we  provide  significant  relief  from  legacy  regulations  to  continue  to  spur  investment 
 and  deployment  of  new  packetized  networks  and  facilities  that  will  bring  new  broadband  services  to  all  Americans  throughout  the  nation. 
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