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FCC Preempts State Commission Requirements That ILECs Provide DSL Service to End User Customers Subscribing to CLEC Voice Service; Issues Notice of Inquiry on Bundling of "Legacy" and "New" Services

 By Perkins Coie

On March 25, 2005, the FCC released an order ("Order") over two dissents (by Commissioners Adelstein and Copps) granting a petition for declaratory ruling filed by BellSouth Telecommunications, Inc. ("BellSouth"). The Order preempts separate orders of four state commissions in BellSouth's local service territory that had required BellSouth to provide DSL service to customers receiving voice services from Competitive Local Exchange Carriers ("CLECs") using unbundled loops leased by the CLECs from BellSouth.

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