NATOA Files Reply Comments on Level 3’s Petition to the FCC on the NYSTA’s Rights-of-Way Requirements
Last
week, NATOA filed reply comments on Level 3’s petition to the FCC requesting
that the Commission preempt the requirements of the New York State Thruway
Authority (“NYSTA”) for access to its rights-of-way and conduit network under
Section 253 of the Communications Act. These reply comments were in
response to a first round of comments that were requested by the FCC in
mid-October. NATOA also filed comments at that time, and those comments
are available here.
NATOA
believes, and has argued in both filings, that Level 3’s petition should be
dismissed because Section 253 is not applicable in this case. NATOA also
argued that even if the FCC were to find that Section 253 were applicable, the
Commission lacks the authority to resolve disputes under Section 253(c) (under
which it is claimed this dispute arose).
In the
reply comments, NATOA also points out that even if the FCC were to take action
on Level 3’s petition (which we believe it should not), the Commission must
restrain the extent of its decision to the facts of this specific case and
avoid “broad pronouncements concerning Section 253.” NATOA strongly
believes that any broad decisions by the Commission on rights-of-way management
and compensation, through this petition, would be improper. NATOA will
continue to follow the developments on this issue and I will keep you
updated.
The full
text of the NATOA’s reply comments is available here.