FCC Proposes Third Extension on Freezing Jurisdictional Separations, to 2011

The complexity and scope of a referral of some jurisdictional separations issues to the Federal-State Joint Board justify a continued freeze on separations, the FCC said in a rulemaking notice. The commission is seeking comment about extending the freeze a year, through June 2011. Comments are due 14 days after the notice is published in the Federal Register, replies seven days later. This is the third time that the commission has extended the freeze. This is “another area where the FCC has failed to act in a timely fashion,” said the National Association of State Utility Consumer Advocates.

The freeze, first imposed in 2001, has outlived its planned five-year life because no solution was found that fit the changes in network infrastructure. Companies such as Gila River Telecommunications have sought exemption from the freeze. The commission has had a petition from the company to change its intrastate and interstate networks pending since 2006 (CD Jan 26 p6).

It’s a multibillion dollar issue, NASUCA telecom committee chair David Bergmann said in an interview. The National Broadband Plan was an immense task, but “the FCC has other things they are supposed to do.” If the association files comments, “we'll take the FCC to task for not acting,” he said.

The National Association of Regulatory Utility Commissioners is pleased with the FCC’s commitment to resolving the issue, said Brian O'Hara, legislative director of telecommunications technology and water. “We're glad to see the extra time so the joint board can finish its work.” The extension gives it time to have a more in-depth approach and “really consider it for another year.”