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FCC Ruling: An Opportunity for the Phone Companies
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The recent Federal Communication Commission (FCC) ruling provides a rational basis for evolving the telephone network infrastructure for future communication needs. The ruling has retracted the earlier position that deregulation could be the engine for promoting next generation network (NGN) capabilities.

The FCC ruling contains three clear positions:

(a) The ruling provides a freehand to the Incumbent Local Exchange Carriers (ILEC) to build new network capabilities, without having to share the new capabilities with Competitive Local Exchange Carriers (CLEC).
(b) The ruling maintains and promotes competition for voice services, even after network upgrades.
(c) The FCC wants to bring in additional "regulatory-horsepower" with help of the states.

Taken together, this means that the FCC wants to use current market dynamics to move the ILECs towards upgrading their network infrastructure. Currently the major portion of the ILEC revenue is from wireline voice services. However, wireline voice revenue base is eroding rapidly due to wireless and alternate voice services. By continuing the deregulation for voice services and promoting competition, the FCC is attempting to induce the ILECs to change their revenue dependence on landline voice services, as well as provide a competitive marketplace.

While promoting competition for wireline voice services, the FCC also is giving a freehand for the ILECs to build new service capabilities, for example, broadband, packet, fiber networks. The ILECs are not required to "unbundle" these capabilities -- that is, enabling the CLECs to pick and choose most advantageous service combinations at the ILEC's expense.

This two-prong policy is an incentive for ILECs to upgrade their networks in ways that prevent "unbundling" of new services, including broadband. There is now an opportunity for the ILECs to shift their revenue base from voice services to become "full-service" network providers of first-choice.

The FCC also realizes that left to themselves, the ILECs are not likely to address the market needs adequately, or take market-leading proactive steps. The ruling tries to use deregulation and competition to promote market variety for network services. The FCC plan is to promote a competitive marketplace for network services by allowing the states to set and control "impairment standards" based on service-territory specific considerations.

One underlying assumption in the FCC ruling is that networks are now, like the utilities, a natural monopoly. This is because there are no economic advantages to duplicating infrastructures that are universally needed, like electricity, water, etc. Networks have now joined this class of needs. When you have monopolies, normal market forces do not work -- necessitating the need for state regulation.

However, regulation by itself will not solve the inherent conflicts. What is needed is sound, clear and well-accepted public interest policy with respect to network services. A clear public interest policy for network services is needed to make the regulatory framework effective, especially since the states now have a larger role. Otherwise, the potentially conflicting directions from different state regulators could create a gridlock by making it impossible for the service providers to resolve underlying causes, resulting in network stagnation -- but feed the litigation pipeline.

The ruling removes part of the support available for CLECs. The CLEC s can longer depend on regulatory-mandated "opportunities", subsidized by the ILECs. The real CLEC opportunities will be those that exist due to gaps in the market demand, ILEC inertia and regulatory slowness. The real challenge for CLECs is how to convert those often transitory opportunities into sustainable business operations.

The ruling is not a clear victory for the ILECs -- their current core business is being threatened directly by wireless services and other providers through line-sharing. However, they do have an opportunity for taking a lead role to build the networks of the future. The ILECs could use this ruling to develop and promote a vision for the future of networking that include all interested and involved parties -- consumers, regulators, competitors, suppliers, investors. Such an approach would remove regulation from being restraining impediments, but a supportive structural instrument.


George Mattathil (george@strategygroup.net), Strategic Advisor and CEO, Strategic Advisory Group (www.strategygroup.net), has led research on strategic technology and industry trends, developed dependable high-impact insights into the future of communication infrastructure for both carriers and enterprises. Mr. Mattathil's US and international accomplishments in telecom and data networking are complemented by his in-depth knowledge using information technology across different industry segments -- carrier, enterprise, and user environments.

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