FCC Seeks Comments on Appropriate Analytical Framework for Evaluating Questions Raised in Special Access NPRM

On November 5, 2009, the Federal Communications Commission (“Commission”) released a Public Notice (“Notice”) soliciting comments on an appropriate analytical framework for evaluating and answering specific questions raised in the Commission’s Special Access Notice of Proposed Rulemaking (“Special Access NPRM”). In the Special Access NPRM, the Commission had sought comment on a variety of issues including the current state of competitive alternatives to special access services, the effectiveness of the Commission’s pricing flexibility rules and the appropriate measures to ensure the existing price caps remained just and reasonable after expiration of the CALLS plan. Multiple rounds of comments and years of ex partes produced sharply conflicting positions and raised questions about the sufficiency of the data filed in the record in response to the Special Access NPRM. Under renewed pressure from Congress, the Commission now seeks suggestions for an analytical framework that can be used to evaluate the key questions raised in the Special Access NPRM.