"COMPTEL is deeply disappointed by the Commission's decision to reject the Fones4All forbearance petition. Grant of this petition would have improved the ability of small businesses to provide service to the poorest Americans -- a priority goal of the Commission and the Communications Act.

"What is particularly disturbing is that two commissioners voted to deny the petition when they claim to support its objective because they disagree with the fact that the statute, as written, allows for a default grant under section 10, if the Commission fails to act within a certain time period. While Commissioners Copps and Adelstein claim this is a principled stand, it is a huge disservice to the public when their principle gives Chairman Martin and Commissioner Tate the sole ability to decide which forbearance petitions are granted. The effect of this principle is "heads I win, tails you lose" for the two commissioners supporting a grant of the petition when the Commission is deadlocked. Thus, all decisions under section 10 will be made by just two commissioners until Commissioner McDowell is able to participate. This outcome is far worse than each commissioner voting for or against each petition on the merits, even if that results in a default grant. COMPTEL is presently appealing a prior default grant by the Commission and it is for the Judiciary, and not two commissioners, to determine whether changing the law by default is proper."