Incompas Urges Dismissing USTelecom Bid or Extending Comments; US TelePacific Supportive
Incompas defended its motion to dismiss a USTelecom forbearance petition for incumbent telco relief from wholesale network-sharing "unbundling" discounts and related duties. The CLEC/competitor group welcomed the ILEC group's decision not to oppose motions for extending comment deadlines (see 1805220056),…
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and said such an extension is needed because USTelecom plans to file additional confidential data after a protective order is issued. But USTelecom "is wrong that it complied with the Forbearance Procedures Order, which clearly states that parties must 'include in the petition the facts, information, data, and arguments on which the petition intends to rely to make the prima facie case for forbearance. It simply did not provide the data," said an Incompas reply posted Wednesday in docket 18-141. "Insisting that parties actually comply with the complete-as-filed rule does not -- as USTelecom erroneously suggests -- create a conflict between confidentiality and forbearance. That is a false choice." U.S. TelePacific, which uses unbundled copper loops to provide Ethernet broadband service, backed Incompas' motions.