Leased Access Order Slightly More Forceful on Constitutionality Question

The FCC leased access rate formula order adopted last week (see 2007160045) is slightly more forceful in its language critical of the leased access rules regime, according to our side-by-side comparison of the draft and the approved order released Friday. The draft indicated in passive tense that "an argument exists" that video market changes have eroded the need for the leased access rules. The adopted order is more direct: "We agree ... that marketplace changes ... appear to have eroded the original justification for the leased access rules."