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INCUMBENTS WIN ON SHARED TRANSPORT

The U.S. Supreme Court has thrown out an FCC rule that requires incumbents to make unbundled network elements available on a usage-sensitive, or shared, basis. The one-sentence disposition, which overturned an August 1998 ruling by a St. Louis appeals court, means that the lower court must evaluate whether shared transport is an unbundled network element, using the "necessary and impair" standard.

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© 2012 Penton Media Inc.

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