A Texas consumer group has expressed its concern SBC Communications Inc. will discriminate against some phone companies if the telecom giant is not required to file privately-negotiated leasing agreements with the state regulator and make such deals available to all carriers.
SBC, the No. 2 U.S. local phone company, on Saturday announced a seven-year agreement to lease its local phone network to Sage Telecom. It is a landmark agreement since most phone companies lease the networks controlled by SBC and other regional Bells at discounted rates state regulators set.
Under the Telecommunications Act of 1996, SBC and Sage must disclose the terms of the agreement and SBC must make those terms available to others on a non-discriminatory basis, according to the Texas Consumer Association.
“We will comply with legal and regulatory obligations and make appropriate regulatory filings,” SBC spokesman Dave Pacholczyk said Wednesday. “We will extend comparable terms and conditions to any comparably situated wholesale customer.”
Section 252 of the Telecom Act states, “A local exchange carrier shall make available any interconnection, service, or network element provided under an agreement approved under this section to which it is a party to any other requesting telecommunications carrier upon the same terms and conditions as those provided in the agreement.”
Two Washington D.C.-based trade associations -- the CompTel/ASCENT Alliance and the Association for Local Telecommunications Services - are advocating a framework to make the negotiations as open as possible, including a provision that would allow companies to update government officials on the progress of the private talks.
Last week, all five FCC commissioners called on local phone companies to enter commercial negotiations with the four regional Bells to lease their networks. A federal appeals court struck down FCC rules in March, but the federal government may seek an appeal before the Supreme Court.
