said by wifi4milez :

Uverse is nothing more than DSL, so it shouldnt apply there. FIOS is not using the telephone infrastructure at all, so it shouldnt apply to them either.

said by SD6 :

Actually, in New York, FIOS is considered to be an upgrade of the telephone infrastructure.

said by SD6 :

And FCC has a lot of authority over carriers for other than voice service, CATV franchising for one.

said by SD6 :

And Uverse is more than DSL.

said by marigolds :

The FCC decides now.
The FCC made a rule that franchise buildout requirements have to be waived for new entrants into an established market. The LFA has no choice in that matter. I think at one point the LFA could apply buildout requirements to overbuilders, but that has not been the case since somewhere in the mid 90s.
Beyond that, the LFA still has the authority to establish buildout requirements for the incumbent (and they get very specific) and can specify buildout requirements for an overbuilder, but the overbuilder has an escape clause that if their penetration is below a certain amount the requirements are waived. I cannot remember the FCC cutoff off the top of my head (it may be as low as 20% penetration, but I think it's determined by market share), but most franchise agreements set an even higher bar because they want to encourage overbuilders.
Of course, overbuilders are ridiculously hard to recruit. Even when you wave all the buildout requirements and place a cost share on I-net and similar requirements (you cannot waive those, or the incumbent will have you in court), most overbuilders will not even bother to return your letters. The franchise I worked with would recruit 8-12 overbuilders every year to come overbuild our franchise, and only 1 ever got as far as drafting up a franchise agreement (which they never signed).

said by wifi4milez :

That might be true, although I have no information to support or refute it.

They have authority over many things, however as far as I know the only build out requirements they cover are for POTS service.

How do you figure? Its nothing more than VDSL.

»en.wikipedia.org/wiki/Very_High_···ber_Line

said by SD6 :

Please don't present as facts things you don't know or have information for.