How to fix the Telecom mess?
 
It was 1956 and life was simple. If you wanted a telephone, easy. You had one choice — an AT&T Western Electric black rotary phone. For long distance, again you had a single company — good old Ma Bell, AT&T. And for local service, well there were 2,000 local companies, but only one for the place you lived. And 85 percent lived in AT&T country.

Ma Bell was ubiquitous, and hardly innovative. (That rotary phone was created in 1919; not put on line until 1949).

Then came the "Hush A Phone" decision, allowing private consumers to hook up other phones and even fax machines to their lines. A dozen years later, alternative long-distance carriers gained permission to hook into the Bell's network.

Then in 1984, thanks in large measure to AT&T refusing to fairly open its network to MCI and Sprint, Ma Bell was broken up into AT&T long distance and seven independent regional Bell operating companies. The success of long-distance competition led Congress in 1996 to try to get competition rolling in the local market with a new telecommunications act.

The Bells agreed both in negotiations of the act and in agreements that allowed them to merge into four regional local phone giants that they would open their loops at affordable rates to competitors. But implementation of that act has been dragged out by the Bells' litigating and lobbying.

Their refusal to deal fairly with competitors — reflected in billions in assessed fines and other levies — forced many competitive local exchange carriers into bankruptcy. The Bells, in short, created much of the current financial mess in telecommunications.

At last, though, the FCC got it right. It set up pricing guidelines that state utility commissions began to implement two years ago for the leasing of the Bells' systems, including the whole platform (so called UNE-P). The FCC reaffirmed those rules last month.

The Bells naturally don't like it. They are back in court to maintain their monopoly stranglehold on local phone service. But competition should not be cast aside to protect monopolists.

Competition in long distance brought in dramatically lower prices for consumers, who've seen the cost of an average call drop from 35 cents a minute (62 cents in 2001 dollars) in 1983 before AT&T's breakup to 10 cents a minute now.

The only place in telecommunications where costs to consumers have risen has been local phone service. Even as the average household monthly phone bill for long distance dropped from $20.85 a month in 1995 to $12.39 a month in 2002, local phone bills have climbed — from $29.82 a month to $36.33 a month.

As was the case with MCI and Sprint who leased much of AT&T's network to provide long distance before building out their own systems, new local players need affordable access to the Bell networks legacy if they are to build a customer base and then grow.

If that creates a little more telecom messiness for a time, so be it. A lasting competitive framework is vital if consumers are to get products and services they want at prices that they can afford.

It ain't as simple as 1956, but neither are modern communications capable on old black rotary phones.

— Duane D. Freese, formerly on the editorial board at USA Today, is a columnist and editorial consultant for Tech Central Station.

The current "telecom mess" is largely the result of federal policy that has misdirected vast amounts of capital and squandered precious technological opportunity. Abandoning this flawed regulatory regime is key to reviving the telecom market.

The crux of current policy is a welfare program of sorts conceived by Congress to induce competition in local calling. Major wire-line companies such as SBC, Verizon, BellSouth, and Qwest have been forced by federal law to allow rivals to utilize their networks at below-cost rates. New entrants were to build independent facilities with which to compete once they established a foothold in the market.

In reality, the generous subsidies have skewed investment incentives and worsened the very market conditions that Washington presumed to rectify.

According to FCC data, competitors have indeed expanded their share of the local telephone market from 4.3 percent in 1999 to 13.2 percent in 2002. But the proportion of independently owned access lines has actually fallen, while competitors' dependence on subsidized access to incumbent networks has increased. In 1999, rivals relied on subsidized access to serve 23.9 percent of their customers. By 2002, they were utilizing subsidized access to serve 55.4 percent of customers.

Oops.

The upshot is this: Rather than bringing advanced technologies and applications to market, billions of investor dollars have instead flowed to Baby Bell wannabees whose business plans offer little more than a new billing address. The incumbents, meanwhile, saddled with 10,000 pages of access regulations, have only inched away from copper loops that date back decades.

The economic impact has been devastating, contributing to the loss of 500,000 telecom-related jobs and $2 trillion in market valuation since 2000, as well as a 14 percent decline in telecom R&D. The policy blunders are all the more tragic in light of the awesome advances in technology that otherwise could have benefited millions of Americans.

Unfortunately, a majority of the FCC refuses to concede the obvious failure of the forced-access regime. The commission last month issued its third rewrite of the rules in seven years, comprising 576 pages of mind-numbing dos and don'ts. As FCC Commissioner Michael Powell lamented: "The majority has brought forth a molten morass of regulatory activity that may very well wilt any lingering investment interest in the sector."

The order also promises to unleash a litigation frenzy. Twice before, the agency's forced-access orders failed constitutional muster, and legal challenges already have been filed against the latest version. At least the lawyers are happy.

It is instructive to note that the most dynamic sectors of telecom — wireless and cable telephony — are also the least regulated. That same vitality could be had industry-wide were Congress to sunset the forced-access regime and declare the market open on a date certain. The greater difficulty is summoning the political will to dismantle the regulatory machine. Thousands of bureaucrats and their K Street allies are heavily invested in the status quo. But as America's telecom pioneers have repeatedly taught the world, we can accomplish whatever we imagine.

— Diane Katz is director of science, environment, and technology policy for the Mackinac Center for Public Policy, a Michigan-based nonprofit, nonpartisan research and educational institute.