Issue 5: Qualifying Services
Initially, the parties disputed language regarding the terms and conditions that should apply to "qualifying" and "non-qualifying" services.2 In XO's reply brief, it states the issue is moot in light of the FCC's December 15, 2004 Order on Remand.
In SBC's reply brief, SBC agrees to accept the language from the Illinois Amendment regarding qualifying services (Sections 1.2 and 2.23), thus resolving this dispute. The amendment should incorporate Sections 1.2 and 2.23 as contained in the attachment to XO's reply brief.
2 A "qualifying" service is a telecommunications service that competes with a telecommunications service that has been traditionally the exclusive or primary domain of the ILEC, including but not limited to, local exchange service and access services. A "non-qualifying" service is any service that is not "qualifying."
