rvices (Crandall et al. 2002). Indeed, it does not appear that the FCC has ever attempted to mandate retail access to last- mile broadband services. Nor does it appear that state or local authorities have attempted to do SO. Indeed, even when attempting to impose other types of access mandates, state authorities affirmatively disclaimed any attempt to regulate the reasonableness of retail rates (California Public Utilities Commission 2003). 2. Wholesale Access Wholesale access is a right given to a network owner's competitors to purchase services normally sold at retail by the network and resell them to end users. The FCC initially imposed wholesale access on DSL. For example, the Computer Inquiries required incumbent local telephone companies offering enhanced services to make the same transmission component available to unaffiliated enhanced ser- vice providers on a tariffed basis (FCC 1998e). Furthermore, the Advanced Services Second Report and Order ruled that the resale requirements of the 1996 Act applied to DSL services offered to end users regardless of whether DSL was classified as telephone exchange service or exchange access. This in essence authorized com- petitors to lease DSL service from the incumbent local telephone company at their The Regulation of Last-Mile Broadband Networks retail rate less the costs of marketing, provisioning, billing, and customer service usually incurred by the incumbent, but avoided when service is provided through a reseller. 35 Wholesale access was also available through special access tariffs of the type approved by the FCC with respect to GTE (FCC 1998e). The FCC's Wireline Broadband Internet Access Services Order abolished both sets of wholesale access requirements. As an initial matter, the conclusion that DSL and other forms of wireline broadband represented information services and not telecommunications services rendered the 1996 Act wholly inapplicable. At the same time, the FCC also exempted DSL and other wireline broadband technologies used for Internet access