Appeals and the FCC - unbundling and untangling?

Thanks to Zdnet and also the Register for comment on a US appeals court decision upholding a Federal Communications Commission decision aimed at creating a more competitive telecommunications environment - in appropriate cases. Now, large telecommunications providers must provide discounted rates to their rivals for local and long distance sevices, only if there is a lack of competition in the market and business (as opposed to domestic) users would benefit.

The question of regulation to create competition is of course vexed, and the FCC decision was itself a departure or compromise, focussing on a competition test and the business market rather than broader mandatory unbundling of network exclusivity. Adding patented infrastructure and rights to receive and express information would only make the waters murkier.....