rs, the 1996 Act requires that incumbents allow any requesting telecommunications carrier to interconnect with their net- works at any technically feasible point on terms that are equal in quality to those that the incumbent provides for its own circuits and that are "just, reasonable, and nondiscriminatory" (47 U.S.C. § 251(c)(2)(B)-(D)). The Act recognized, however, that not every facilities-based entrant would be able to have its entire network in place at the time it began to offer local service. In order to allow competition to emerge before entrants had fully established their networks, Congress established a third path for entering local telephone markets by requiring every incumbent local telephone company to interconnect with any requesting carrier and to provide other carriers with access to all of its network elements on an unbundled basis. Such access must be provided at any technically feasible point under rates, terms, and conditions that are just, reasonable, and nondiscriminatory. In determining which network elements would be subject to the unbundled access requirement, the statute required the FCC to consider whether "access to such network elements as are proprietary in nature is necessary" and whether "the failure to provide access to such network elements would impair the ability of the telecommunications carrier seeking access to provide the services that it seeks to offer" (47 U.S.C. § 251(c)(3), (d)(2)(A) & (B) (emphasis added)). As we discuss in greater detail below, because the initial list of UNEs developed by the FCC contained all of the elements needed to provide local telephone service, non- facilities-based competitors were initially able to bypass resale access altogether by using UNE access to create the so-called UNE-Platform (UNE-P) to offer the same services provided under resale at lower cost. Prices for interconnection and access to unbundled network elements are to be determined through voluntary negotiations between the incumbents and the requesting carriers, at times aided