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40 Infrastructure 1 (2000-2001)

handle is hein.journals/infrastr40 and id is 1 raw text is: IA.,] iECTi[ N OF PUBLI UTI , C , I N LW in trc VOL. 39, NO. 4 & VOL. 40, NO. 1 SUMMER/FALL 2000 Federal legislation and state commission enforcement: Virginia calls time out B$y Richard D. Gatty and Kristina Beard T lie Virginia State Corporation Comiimission (Virginia SCC) has recently bCgu1n to decline to arbitrate disputes over interconnection agreements despite the fact that the Telecommunications Act of 1996 (CtheActor the 1996 Act) I expressly grants such regulatory atithoritry The Virginia SCC's refusal ariscs as a result of a decision by a federal district court in Virginia - GTE v. icgtnhla State Corporalton Commission - which held that the Virginia SCC is not Inmune from suit in fedenl court for actions taken under the Act. The Virginia SCC's position regarding the implementation of tile Act raises signifi- cant questions with regard. to the efficacy of the Act's application to local telephone markets in Virginia. Unless directly addressed, similar governmental inlmunity issues will likely also) plague any potential electric industry restructuring legislation. Structure of the 1996 act and why it raises a controversy about sovereign Immunity The controversy over the existence of sovereign immunity under the Act essen- tially ;rises front its structure. The 1996 Act - passed by Congress as part of Con- gress' effort to remove obstacles to competition ind entry hy new competitors in local telephone markets - requires Incumbent local exclhange carriers (LECs) to share their local netvork with cumpexitors. This sharing can he accomplished in one of three ways: Incumbent LIECs can agree to allow competing LEC's (CI.ECs) to interconnect their facilities with the incumlbent's existing local network; CLLCs may lease elements of existing networks; or CI.ECs may pIurchaise the Incumbent LEC's services at wholesale ltes, for resale to retail customers. &',' 1996 Act, S 251. MARK YOUR CALENDARS! ABA ANNUAL MEETING Aug. 5-7, 2001 Chicago See page 4for more Information. 0 A four-corners approach: Reciprocal compensalloJI.for dial-up connections to the Internet should be ellinhwted E There is no * free ride: Reciprocal compensation shodd be paid for Internet- bound calls 0 Utility nonregulated afffillate vs. private huiustry - the regulatory mandate

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