January 2003
AT&T, WorldCom, and Covad Communications filed a petition last month asking the U.S. Supreme Court to review the appeals court's May decision in "USTA v. FCC" which overturned the FCC's unbundled network element (UNE) and line-sharing orders.
Meanwhile, the FCC asked the U.S. Appeals Court to extend its partial stay of USTA v. FCC because it did not expect to complete the remand proceeding by the January 3, 2003 date the court set for the line-sharing and UNE rules to be vacated. The D.C. Circuit had turned down an appeal by the FCC to reconsider its decision, but granted a stay on its decision until Jan. 3, 2003.
In the FCC’s motion with the D.C. Circuit it requested an extension of the stay until Feb. 20, at which time the triennial review would be completed, and the issues raised by the court would presumably be addressed. The date (Feb. 20) was the first time the agency has set a definitive end date for the controversial proceeding. In its filing, the FCC indicated that it had the support of the Bell companies. On January 2, The court granted the FCC's request and extended its partial stay until February 20, which now gives the FCC additional time to complete the triennial review proceeding.
According to America’s Network, Jason Oxman, vice president and assistant general counsel at Covad Communications stated that “whatever the FCC does in the triennial review, someone is going to appeal it."
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