As part of its ongoing “Delete, Delete, Delete” initiative, the FCC’s Wireline Competition Bureau (Bureau) has conformed Parts 8, 20, and 51 of its rules to court decisions nullifying provisions within those Parts. The Bureau has conformed Parts 8 and 20 of the FCC’s rules to the Sixth Circuit Court of Appeals’ decision in Ohio Telecom Association v. FCC, which vacated the Second Title II Order that reclassified broadband Internet access service (BIAS) as a telecommunications service under Title II of the Communications Act of 1934 and instituted conduct requirements for BIAS providers. The Commission has restored the text of Parts 8 and 20 to how they would have read absent the changes adopted in the Second Title II Order.
Additionally, the Bureau has removed interconnection and unbundled network elements pricing requirements from Part 51 that were vacated by the Eighth Circuit Court of Appeals (Eighth Circuit) in Iowa Utilities Board II that were never removed from the Code of Federal Regulations. The Commission has specifically deleted sections 51.303, 51.405, 51.513, and 51.611 of its rules to effectuate the Eighth Circuit’s decision.
