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Legal Update

US Federal Communications Commission Suspends Special Access Pricing Flexibility Rules

5 September 2012
Mayer Brown Legal Update

The Federal Communications Commission has adopted an order suspending “on an interim basis” its special access pricing flexibility rules. The actions taken in the order are unlikely to have any immediate effect on special access prices. However, the analytic framework articulated in the order suggests that it may take significant time for the Commission to perform its market analysis and to adopt permanent replacement rules. This decision, together with the 2010 decision in Qwest/Phoenix, in which the Commission adopted a market-power framework for analyzing forbearance petitions, further suggests that the Commission may be turning to a market-power analysis when evaluating requests for deregulation or forbearance.

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