WASHINGTON D.C. - Today Theodore Olson, Solicitor General of the United States, decided that the Department of Justice would not seek Supreme Court review of the D.C. Circuit's USTA II decision. Progress & Freedom Foundation Senior Fellow and Director of Communications Policy Studies Randolph J. May issued the following statement:

"The Solicitor General's decision not to appeal the D.C. Circuit's decision vacating the FCC's unbundling rules is likely to mark a key turning point on the road to a communications marketplace characterized by facilities-based competition. Now the FCC itself should promptly decide that it is time to end the litigation over the agency's unbundling rules and to put in place new, less regulatory rules, consistent with the today's marketplace realities in which wireless, cable, and VoIP providers all compete for voice customers.

Once it is clear that the old rules which require excessive sharing will be replaced by new rules consistent with the D.C Circuit's decision, we will almost certainly see CLECs and ILECs negotiate mutually beneficial, market-oriented commercial arrangements that best meet the needs of their customers and that lead to increased investment in the telecom sector."

The Progress & Freedom Foundation is a market-oriented think tank that studies the digital revolution and its implications for public policy. It is a 501(c)(3) research & educational organization.