Communications Litigation Today was a Warren News publication.

Wireline Bureau Denies Ziply CAF Performance Requirements Waiver

The FCC Wireline Bureau denied Ziply's petition to waive Connect America Fund performance testing support recovery requirements in an order Friday in docket 10-90. Ziply said in its petition that it "inherited" an "aging" DSL-based network from Frontier that had a "faulty line card," causing the provider to fail its latency testing requirements in Q4 of 2021. The bureau said Ziply's argument was "not compelling," saying ensuring the network "was in good working order and had reliable back-up" was Ziply's responsibility once it acquired the network. "We find that while Ziply may have experienced supply chain issues, the testing failures were not out of Ziply’s control, and primarily resulted from Ziply’s failure to properly maintain and monitor its network," the order said.