Covad Applauds Supreme Court Decision Upholding FCC Rulings; Confirms Pricing Based On Forward Looking Costs and Competitors' Ability to Request Bundling of Network Elements.Business Editors/High-Tech Writers SANTA CLARA, Calif.--(BUSINESS WIRE)--May 13, 2002 Covad Communications (OTCBB OTCBB See OTC Bulletin Board (OTCBB). :COVD COVD College of Optometrists in Vision Development COVD Covad Communications Group (stock symbol) ), the leading national broadband services provider utilizing DSL DSL in full Digital Subscriber Line Broadband digital communications connection that operates over standard copper telephone wires. It requires a DSL modem, which splits transmissions into two frequency bands: the lower frequencies for voice (ordinary (Digital Subscriber Line See DSL. (communications, protocol) Digital Subscriber Line - (DSL, or Digital Subscriber Loop, xDSL - see below) A family of digital telecommunications protocols designed to allow high speed data communication over the existing copper telephone lines between end-users and ) technology, applauds today's ruling by the US Supreme Court which upholds the Federal Communications Commission's (FCC (1) (Federal Communications Commission, Washington, DC, www.fcc.gov) The U.S. government agency that regulates interstate and international communications including wire, cable, radio, TV and satellite. The FCC was created under the U.S. ) approach of setting the monthly price for unbundled network elements (UNEs), including loops and other services, that competing telecommunications carriers purchase from the phone companies. Importantly, the Supreme Court also confirmed that the phone companies may be required to sell bundled network elements in the combinations requested by companies like Covad. "The Supreme Court has ruled in favor of competition and consumer choice," said Charlie Hoffman, Covad CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. and president. "The ruling provides competitors with greater certainty concerning the prices they pay the phone companies and should accelerate competition as intended by the 1996 Telecommunications Act. In addition, the ruling gives competitors greater opportunities to sell combinations of network elements that are owned by the incumbent phone companies. Choice and competition remain the law of the land." The FCC's forward looking pricing model has been in place since the Telecommunications Act was enacted in 1996. Forward looking pricing requires the phone companies to price their network elements based on the cost of newer, more efficient and less expensive equipment rather than the generally higher prices the phone companies actually paid to install the equipment in years past. This has served as the guideline for state Public Utility Commissions for over five years and, in fact, many states such as New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of and New Jersey, have reduced prices. "Today's ruling provides greater certainty about how state commissions determine prices and we hope other states will follow the trend set by New York and New Jersey," said Dhruv Khanna, Covad executive vice president and general counsel. "We believe that the courts will continue to support competition through reasonable pricing and access. It's time for the phone companies to finally stop fighting the FCC's pro-competition rules and start competing fairly and honestly, both inside and outside of their territories." About Covad Communications Covad is the leading national broadband service provider An ISP, telephone company, cable company or other carrier that offers high-speed communications to homes and businesses, typically for Internet access. Cable modems, DSL and T1 lines are the common technologies. See broadband, cable modem, DSL and T1. of high-speed Internet and network access utilizing Digital Subscriber Line (DSL) technology. It offers DSL, T1, managed security, IP and dial-up services directly through Covad and through Internet Service Providers, value-added resellers, telecommunications carriers and affinity groups to small and medium-sized businesses and home users. Covad services are currently available across the United States in 94 of the top Metropolitan Statistical Areas (MSAs). Covad's network currently covers more than 40 million homes and business and reaches approximately 40 to 45 percent of all US homes and businesses. Corporate headquarters is located at 3420 Central Expressway, Santa Clara, CA 95051. Telephone: 1-888-GO-COVAD. Web Site: www.covad.com. Safe Harbor Safe Harbor 1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated. 2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive. Statement under the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and of 1995: The statements contained in this press release that are not historical facts are "forward-looking statements," including statements concerning Covad's anticipated growth, expected court rulings, regulatory developments, revenue expectations, anticipated reductions of costs and losses, expected reductions in cash usage, ability to continue as a going concern, sufficiency of Covad's cash on hand, additional capital requirements Capital requirements Financing required for the operation of a business, composed of long-term and working capital plus fixed assets. , ability to secure additional financing, ability to become cash flow positive and achieve profitability and the statements made by the president and CEO and the executive vice president and general counsel and the assumptions underlying such statements. Actual events or results may differ materially as a result of risks facing Covad or actual results differing from the assumptions underlying such statements. Such risks and assumptions include, but are not limited to, Covad's ability to continue as a going concern, to continue to service and support its customers, to successfully market its services to current and new customers, to manage the consolidation of sales to a fewer number of wholesale customers, to successfully migrate end users, Covad's ability to generate customer demand, to achieve acceptable pricing, to respond to competition, to develop and maintain strategic relationships, to manage growth, to receive timely payment from customers, to access regions and negotiate suitable interconnection agreements, all in a timely manner, at reasonable costs and on satisfactory terms and conditions, as well as regulatory, legislative, and judicial developments and the absence of an adverse result in litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. against Covad. All forward-looking statements are expressly qualified in their entirety by the "Risk Factors" and other cautionary statements included in Covad's SEC Annual Report on Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. for the year ended December 31, 2001 and its Report on Form 10-Q for the period ended March 31, 2002. |
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