The Sixth Circuit, disagreeing with the Federal Communications Commission, has held that incumbent telephone carriers need not provide “entrance facilities” to competitors at regulated cost-based rates. Instead, they may charge market rates or refuse to provide the facilities at all. The court held that the 1996 Telecommunications Act clearly distinguishes between interconnection facilities that much be provided at regulated rates and entrance facilities that do not. The decision conflicts with other circuits as well as the FCC’s own interpretation. The U.S. Supreme Court will hear argument this spring.