WHEREAS, the unbundled network element platform (“UNE-P”) is a seamless combination of the unbundled loop, unbundled local switching and unbundled interoffice transport; and

WHEREAS, it is widely believed that the availability of the UNE-P at total element long-run incremental cost (“TELRIC”) based rates is responsible for a significant portion of the current level of local telephone service competition for residential and small business customers; and

WHEREAS, the use of the UNE-P allows competitive carriers to provide consumers with a flexible variety of telecommunications services, as contrasted to the service-by-service capabilities of resale; and

WHEREAS, even where competitive alternatives for local switching are available, the current logistical and cost requirements for the “hot cut” process mean that competitive carriers’ provisioning of local telephone service to residential and small business customers could be impaired without access to the UNE-P; and

WHEREAS, any analysis of the continued necessity of particular unbundled network elements, or of competitive impairment absent availability of particular unbundled network element is one that must take place on a state-by-state, market-by-market basis, and can best be undertaken by state commissions rather than the Federal Communications Commission;

THEREFORE, BE IT RESOLVED that the National Association of State Utility Consumer Advocates (“NASUCA”) supports the continued availability of the UNE-P at TELRIC rates;

BE IT FURTHER RESOLVED that if review of continued availability of UNE-P is considered appropriate at some point in the future, NASUCA supports such review being undertaken by state commissions; and

BE IT FURTHER RESOLVED that NASUCA authorizes the NASUCA Executive Committee and/or the Telecommunications Committee to take action in support of this resolution.

LOCATION: Chicago, Illinois