D.C. Circuit Affirms Triennial Review Remand Order
Kelley Drye Client Advisory
On June 16, 2006, the United States Court of Appeals for the District of Columbia upheld, in its entirety, the Triennial Review Remand Order, denying all challenges raised by incumbent LECs, competitive LECs, the National Association of State Utility Advocates and the New Jersey Division of the Ratepayer Advocate. The decision of the D.C. Circuit signals that the FCC’s current rules for Section 251(c)(3) unbundled network elements will remain in place for the foreseeable future.