On March 11, 2019, NTCA filed reply comments with the FCC stating that the Commission adopted rules in an October 2018 Order that allow RLECs to elect incentive regulation of their BDS services in markets deemed competitive based on a market analysis conducted by the Commission for price cap carriers. NTCA noted the market analysis included only 78 markets that were served solely by RLECs. NTCA argued that the next logical step would be to use that same market analysis once again to allow RLECs to elect price cap regulation of their TDM transport services.
Regulation of Business Data Services for Rate-of-Return Local Exchange Carrier, WC Docket No. 17-144