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Communications Workers File Brief Supporting Illinois Law for Fair Phone Competition and Investment
Chicago -- The Communications Workers of America announced today that it has filed a friend of the court brief backing the state of Illinois and SBC Communications in their appeal of a federal court ruling that would block Illinois' new law intended to further fair competition in telecommunications.
CWA's brief contends that the federal judge misread the law in ruling that the Illinois measure conflicts with the federal Telecommunications Act of 1996. The Illinois law (220 Ill. Comp. Stat. 5/13 - 408) gives direction to the Illinois Commerce Commission when setting prices for SBC competitors to lease phone lines from SBC to market their own local phone service.
Currently, SBC is required to lease lines in Illinois to competitors such as MCI and AT&T for under $15 month although it costs SBC $27 per month to maintain each customer access line. Local regulators set these rates under a Federal Communications Commission regulatory structure known as Unbundled Network Elements Platform (UNE-P).
The judge ruled Illinois' law conflicts with the Telecommunications Act by not requiring regulators to conduct trial-type proceedings when setting lease rates.
"There's nothing in the federal law that requires regulatory agencies to conduct such proceedings," said CWA District 4 Vice President Jeff Rechenbach, who heads the union's mid-western region.
"Nor is there anything in the Telecommunications Act that was meant to abrogate the historic authority of state lawmakers to make legislative determinations and require state regulators to follow those determinations," he said. Rechenbach called the judges ruling, "little more than an expression of his own personal policy preferences, which should not be imposed on our state's legislative and regulatory processes."
Rechenbach stated: "We are confident that the Court of Appeals will agree and overturn the District judge's order so that the new Illinois law can take full effect and help to encourage capital investment in the telecommunications network and spur new employment opportunities."
CWA's brief contends that the federal judge misread the law in ruling that the Illinois measure conflicts with the federal Telecommunications Act of 1996. The Illinois law (220 Ill. Comp. Stat. 5/13 - 408) gives direction to the Illinois Commerce Commission when setting prices for SBC competitors to lease phone lines from SBC to market their own local phone service.
Currently, SBC is required to lease lines in Illinois to competitors such as MCI and AT&T for under $15 month although it costs SBC $27 per month to maintain each customer access line. Local regulators set these rates under a Federal Communications Commission regulatory structure known as Unbundled Network Elements Platform (UNE-P).
The judge ruled Illinois' law conflicts with the Telecommunications Act by not requiring regulators to conduct trial-type proceedings when setting lease rates.
"There's nothing in the federal law that requires regulatory agencies to conduct such proceedings," said CWA District 4 Vice President Jeff Rechenbach, who heads the union's mid-western region.
"Nor is there anything in the Telecommunications Act that was meant to abrogate the historic authority of state lawmakers to make legislative determinations and require state regulators to follow those determinations," he said. Rechenbach called the judges ruling, "little more than an expression of his own personal policy preferences, which should not be imposed on our state's legislative and regulatory processes."
Rechenbach stated: "We are confident that the Court of Appeals will agree and overturn the District judge's order so that the new Illinois law can take full effect and help to encourage capital investment in the telecommunications network and spur new employment opportunities."