FYI -

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Message-ID: <39FC8C51.E17F7E31@earthlink.net>
Date: Sun, 29 Oct 2000 12:45:05 -0800
From: Jeremy Meier <jermeier@earthlink.net>
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To: SNord@enron.com
CC: Robbi_Rossi@enron.net
Subject: Collocation Decision(s) discussed 10/27
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Sue:

Attached please find the DC Circuit's federal decision remanding certain
FCC physical collocation rules back to the FCC for reconsideration.
This is the Federal Court of Appeals "advanced services" case Steve
Bowen was discussing on the conference call last Friday re EBS.

The DC Circuit reviewed the FCC's Advanced Services First Report and
Order and affirmed certain aspects of collo (eg cageless, central office
and adjacent collo, and cost recovery).  The Court, however, remanded
back to the FCC its rules on physical collocation and cage-to-cage cross
connections (as Steve mentioned).  Correct me if I am mistaken, but
apparently EBS/ETI is now facing the hurdle of these uncertain collo
rules in the field.

The FCC has recently reopened the Advanced Services Report and Order per
the DC Cir, has initiated a new proceeding at the FCC (Order on
Reconsideration and Second Further Notice of Proposed Rulemaking in CC
Docket No. 98-147 and Fifth Further Notice of Proposed Rulemaking in CC
Docket No. 96-98).  Comments at the FCC were filed last month and Reply
Comments on these advanced services collo rules are due in November.

We can send you a (lengthy) copy of the FCC Advanced Services remand
Order on Reconsideration too if you want.  Let me know if you have
questions,

Jeremy Meier
Blumenfeld & Cohen
4 Embarcadero Center, Suite 1170
San Francisco, CA 94111
415 394-7500
jermeier@earthlink.net

 - advanced services case.doc