Section 271 of the Communications Act
and the Promotion of Local Exchange Competition

Foreword

Executive Summary

I. INTRODUCTION

II. CONSTITUTIONALITY OF SECTION 271

III. PRECONDITIONS TO BOC ENTRY

A. Facilities-Based Competitor

1. Relationship Between Section 271(c)(1)(A) and Section 271(c)(1)(B)

2. Characteristics of a Facilities-Based Competitor

a. "Telephone exchange service"

b. "Over their own facilities"

c. "Predominantly"

d. Providing service to residential and business subscribers

3. Compliance with the Competitive Checklist

4. Pricing of Interconnection, Unbundled Network Elements, and Resale

B. The "Public Interest" Requirement

1. Promoting Competition

a. Elimination of barriers to entry

b. "Commercially useful" availability of all items in the competitive checklist

c. Ensuring continuing compliance with the competitive checklist

d. Commitment to competition

2. Maintaining Service Quality and Protecting Telephone Subscribers

IV. PROCEDURAL ISSUES

A. Consultation with State Regulatory Commissions

B. Consultation with the DOJ

1. Scope of DOJ Review

2. According "Substantial Weight" to the DOJ's Views

C. Appellate Review

V. CONCLUSION

[NTIA Staff Working Papers Page]