Competitive Local Exchange Carrier
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A competitive local exchange carrier (CLEC), in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
and
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, is a
telecommunications Telecommunication is the transmission of information by various types of technologies over wire, radio, optical, or other electromagnetic systems. It has its origin in the desire of humans for communication over a distance greater than that fe ...
provider company (sometimes called a " carrier") competing with other, already established carriers, generally the incumbent local exchange carrier (ILEC).


Background

Local exchange carriers (LECs) are divided into
incumbent The incumbent is the current holder of an official, office or position, usually in relation to an election. In an election for president, the incumbent is the person holding or acting in the office of president before the election, whether seek ...
(ILECs) and competitive (CLECs). The ILECs are usually the original,
monopoly A monopoly (from Greek language, Greek el, μόνος, mónos, single, alone, label=none and el, πωλεῖν, pōleîn, to sell, label=none), as described by Irving Fisher, is a market with the "absence of competition", creating a situati ...
LEC in a given area, and receive different regulatory treatment from the newer CLECs. A data local exchange carrier (DLEC) is a CLEC specializing in
DSL Digital subscriber line (DSL; originally digital subscriber loop) is a family of technologies that are used to transmit digital data over telephone lines. In telecommunications marketing, the term DSL is widely understood to mean asymmetric dig ...
services by leasing lines from the ILEC and reselling them to
Internet service provider An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise private ...
s (ISPs).


History

CLECs evolved from the competitive access providers (CAPs) that began to offer private line and special access services in competition with the ILECs beginning in 1985. The CAPs (such as
Teleport Communications Group Teleport Communications Group (TCG) was the first competitive local exchange carrier (CLEC) in the United States. It was founded in 1985 to compete with New York Telephone Company using fiber optics, and expanded to other major cities. The company ...
(TCG) and
Metropolitan Fiber Systems MFS Communications Company, Inc. (Metropolitan Fiber Systems) was a competitive local exchange carrier that owned and operated local network access facilities installed in and around major U.S. cities and several major European cities. MFS also po ...
(MFS)) deployed
fiber optic An optical fiber, or optical fibre in Commonwealth English, is a flexible, transparent fiber made by drawing glass (silica) or plastic to a diameter slightly thicker than that of a human hair. Optical fibers are used most often as a means t ...
systems in the central business districts of the largest U.S. cities (New York,
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
,
Boston Boston (), officially the City of Boston, is the state capital and most populous city of the Commonwealth of Massachusetts, as well as the cultural and financial center of the New England region of the United States. It is the 24th- mo ...
, etc.) A number of state public utilities commissions, particularly New York, Illinois, and Massachusetts, encouraged this competition. By the early 1990s, the CAPs began to install switches in their fiber systems. Initially, they offered a "shared PBX" service with these switches and interconnected with the ILECs as end users rather than as co-carriers. However, the
New York Public Service Commission The New York Public Service Commission is the public utilities commission of the New York state government that regulates and oversees the electric, gas, water, and telecommunication industries in New York as part of the Department of Public Servi ...
authorized the nation's first CLEC when it required the
New York Telephone The New York Telephone Company (NYTel) was organized in 1896, taking over the New York City operations of the American Bell Telephone Company. Predecessor companies The Telephone Company of New York was formed under franchise in 1876. The princi ...
(the ILEC) to allow
Teleport Communications Group Teleport Communications Group (TCG) was the first competitive local exchange carrier (CLEC) in the United States. It was founded in 1985 to compete with New York Telephone Company using fiber optics, and expanded to other major cities. The company ...
's switches in New York City to connect as peers. Other states followed New York's lead so that by the mid-1990s most of the large states had authorized local exchange competition.


Growth

The
Telecommunications Act of 1996 The Telecommunications Act of 1996 is a United States federal law enacted by the 104th United States Congress on January 3, 1996, and signed into law on February 8, 1996, by President Bill Clinton. It primarily amended Chapter 5 of Title 47 of ...
incorporated the successful results of the state-by-state authorization process by creating a uniform national law to allow local exchange competition. This had the
unintended consequence In the social sciences, unintended consequences (sometimes unanticipated consequences or unforeseen consequences) are outcomes of a purposeful action that are not intended or foreseen. The term was popularised in the twentieth century by Ameri ...
of stimulating the formation of many more CLECs than the markets could bear. The formation of these CLECs, with easy financing from equipment vendors and
IPO An initial public offering (IPO) or stock launch is a public offering in which shares of a company are sold to institutional investors and usually also to retail (individual) investors. An IPO is typically underwritten by one or more investment ...
s, was a significant contributor to the "telecom bubble" of the late 1990s which then turned into the "bust" of 2001–2002. The original CAP/CLECs spent the decade from 1985-1995 deploying their own fiber optics networks and digital switches so that their only reliance on the ILEC was leasing some DS-1 loops to locations not served by the CLEC's own fiber and interconnecting the CLEC's switches with the ILECs' on a peer-to-peer basis. While not trivial dependencies, the original "facilities-based" CLECs such as TCG and MFS were beginning to become profitable by the time the Telecom Act was adopted. In contrast, many CLECs formed in the post-Telecom Act "bubble" operated using the unbundled Network Element Platform (
UNE-P Unbundled network elements (UNEs) are a requirement mandated by the United States Telecommunications Act of 1996. They are the parts of the telecommunications network that the incumbent local exchange carriers (ILECs) are required to offer on an ...
), in which they resold the ILECs' service by leasing the underlying copper and port space on the ILEC's local switch. This greater dependency on the ILECs made these "UNE-P CLECs" vulnerable to changes in the UNE-P rules. In the meantime, the largest facilities-based CLECs, MFS, and TCG, had IPOs and then were acquired by
WorldCom MCI, Inc. (subsequently Worldcom and MCI WorldCom) was a telecommunications company. For a time, it was the second largest long-distance telephone company in the United States, after AT&T. Worldcom grew largely by acquiring other telecommunic ...
and
AT&T AT&T Inc. is an American multinational telecommunications holding company headquartered at Whitacre Tower in Downtown Dallas, Texas. It is the world's largest telecommunications company by revenue and the third largest provider of mobile te ...
, respectively, in 1996 and 1998 as those long distance companies prepared to defend their business customers from the
Regional Bell Operating Companies The Regional Bell Operating Companies (RBOC) are the result of '' United States v. AT&T'', the U.S. Department of Justice antitrust suit against the former American Telephone & Telegraph Company (later known as AT&T Corp.). On January 8, 1 ...
' (RBOC) incipient entry into the long distance business.


Important FCC rulings

With the Triennial Review in August 2003, the FCC began to rewrite a large portion of the rules implementing the
Telecommunications Act of 1996 The Telecommunications Act of 1996 is a United States federal law enacted by the 104th United States Congress on January 3, 1996, and signed into law on February 8, 1996, by President Bill Clinton. It primarily amended Chapter 5 of Title 47 of ...
. One alternative to the UNE-P is
unbundled network element Unbundled network elements (UNEs) are a requirement mandated by the United States Telecommunications Act of 1996. They are the parts of the telecommunications network that the incumbent local exchange carriers (ILECs) are required to offer on an ...
loop (UNE-L), in which the CLEC has access to or operates their own local switch. The underlying copper (loop) that runs to the subscriber's premises is then leased by the CLEC, and cross-connected to the CLEC's switch. Both UNE-P and UNE-L have their own unique advantages and disadvantages. Other CLECs bypass the ILEC's network entirely, using their own facilities. These facility-based LECs include cable companies offering phone service over
coaxial cable Coaxial cable, or coax (pronounced ) is a type of electrical cable consisting of an inner conductor surrounded by a concentric conducting shield, with the two separated by a dielectric ( insulating material); many coaxial cables also have a p ...
. Non facilities-based CLECs that operate under the UNE-P rules are able to resell wholesale services purchased from multiple ILECs, thereby establishing broader geographical coverage than ILECs or facilities-based CLECs. In October 2004, the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
allowed a lower court's ruling to stand (by refusing to hear the appeal) that voided rules requiring ILECs to
lease A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...
certain network elements (such as local switching or the high-frequency portion of the loop) at a cost-based regulated
wholesale Wholesaling or distributing is the sale of goods or merchandise to retailers; to industrial, commercial, institutional or other professional business users; or to other wholesalers (wholesale businesses) and related subordinated services. In ...
price to CLECs. The FCC agreed earlier in the year to rewrite rather than appeal the validity of the rules. In December 2004, the FCC released another set of rules which phase out, over a year, all CLEC leasing of ILEC local switching, while preserving access to most copper
local loop In telephony, the local loop (also referred to as the local tail, subscriber line, or in the aggregate as the last mile) is the physical link or circuit that connects from the demarcation point of the customer premises to the edge of the commo ...
s and some interoffice facilities.


Proposed termination

In May 2018,
USTelecom The United States Telecom Association (USTelecom) is an organization that represents telecommunications-related businesses based in the United States. As a trade association, it represent the converged interests of the country's telecommunications ...
, the Washington, D.C. trade group for the major telecommunication companies, filed a petition with the FCC, asking it to end the leasing rule within years, which would terminate the CLEC operations of smaller telecommunications companies.


See also

*
Liberalization Liberalization or liberalisation (British English) is a broad term that refers to the practice of making laws, systems, or opinions less severe, usually in the sense of eliminating certain government regulations or restrictions. The term is used m ...
*
Deregulation Deregulation is the process of removing or reducing state regulations, typically in the economic sphere. It is the repeal of governmental regulation of the economy. It became common in advanced industrial economies in the 1970s and 1980s, as a ...
*
Regional Bell operating company The Regional Bell Operating Companies (RBOC) are the result of '' United States v. AT&T'', the U.S. Department of Justice antitrust suit against the former American Telephone & Telegraph Company (later known as AT&T Corp.). On January 8, 1 ...
*
Mobile virtual network operator A mobile virtual network operator (MVNO) is a wireless communications services provider that does not own the wireless network infrastructure over which it provides services to its customers. An MVNO enters into a business agreement with a mobil ...
*
Local loop unbundling Local loop unbundling (LLU or LLUB) is the regulatory process of allowing multiple telecommunications operators to use connections from the telephone exchange to the customer's premises. The physical wire connection between the local exchange and ...
*
Cable telephony Cable telephony is a form of digital telephony over cable TV networks. A telephone interface installed at the customer's premises converts analog signals from the customer's in-home wiring to a digital signal, which is then sent over the cable conn ...


References


External links


FCC Carrier Search
select "CAP/CLEC" under Principal Communications Type for a complete list of CLECs {{Telecommunications Telecommunications companies United States communications regulation