Federal Communications Commission

“ It also would have required the application of the resale structure to all carriers owning transmission facilities. We have rejected this option because it would unnecessarily expand the scope of regulation, fail to provide regulatory certainty to the marketplace by attempting to delineate communications and data processing services at the enhanced level, subject services to Title II regulation that are not necessarily subject to, nor even susceptible to a common carrier scheme of regulation, and maintain the maximum separation policy for all underlying carriers. ”

“ Option 2 is deficient for the same reasons as Option 1, except that it would distinguish between carriers that should be subject to maximum separation. While Option 3 is better than Options 1 and 2 in that enhanced services would not be subject to regulation under Title II, it is also lacking because no distinction is made between carriers in terms of applying the maximum separation requirement. ”

“ IT IS FURTHER ORDERED THAT carrier-provided CPE shall be unbundled in accordance with this decision, and all carrier-provided customer-premises equipment shall be detariffed and removed from the jurisdictional separations process and the rate base of all carriers no later than March 1, 1982. ”