Aspiring to be the underdog in an unfair fight.
For years, Level 3 has objected to the major incumbent telephone companies’ use of “demand lock-up” arrangements in the market for special access services. Using their dominance to maintain their dominance, these incumbents require their customers to, in order to get the incumbents’ best rates, commit to buy virtually nothing from competitors–practices that are clearly illegal. Through these unlawful practices, the incumbents create an environment where the few competitive suppliers that exist can’t sell special access services where they want, special access buyers can’t buy from the suppliers they choose and, as I’ve noted before, facilities based providers (like Level 3) can’t build everywhere they are able. These practices are getting attention outside of Washington—see the article attached, which we provide with the author’s permission.
Respecting demand lock-ups, Level 3 would be satisfied if we were able to buy freely in, and could compete freely, for one-half of the available special access market. In other words, prohibit the incumbents from using demand lock up arrangements that lock up more than 50% of the marketplace. While that still feels like spotting Michael Jordan three letters in a game of HORSE, we’ve never backed away from a good challenge.
Full article from dealReporter.com on October 2, 2012 - Click below to view full-size article (click again on image once open to magnify in brower)
