D.C. Circuit rejects CompTel petition on enhanced extended links

The U.S. Court of Appeals for the D.C. Circuit today rejected a petition filed by CompTel that sought to reverse the FCC’s decision to limit access to enhanced extended links (EELs, which consist of unbundled loops and transport network elements) to carriers that use EELs primarily for the provisioning of local services. EELs can also be used to provision long-distance services.

According to court documents, CompTel argued that the Telecom Act does not allow the commission to restrict access based on use (also known as service-by-service restrictions).

In rejecting this argument, the D.C. Circuit said that because it had previously found the FCC has the authority to make distinctions based on regional differences or customer markets, that standard should apply to restrictions “keyed to a specific service” of requesting carriers. The court also said the “vague phrasing” chosen by Congress in drafting the Act was insufficient to support CompTel’s claim.

The association also had argued that past orders issued by the commission “made it clear” that the FCC understood that the Act doesn’t allow service-by service distinctions. In rejecting this argument, the court said the FCC is entitled “and indeed required” to reconsider its orders that rest on faulty readings of statute. “That’s all it has done here,” the court said in today’s order.

--Glenn Bischoff, Senior Writer