Sec. 51.213  Toll dialing parity implementation plans.

    (a) A LEC must file a plan for providing intraLATA toll dialing 
parity throughout each state in which it offers telephone exchange 
service. A LEC cannot offer intraLATA toll dialing parity within a state 
until the implementation plan has been approved by the appropriate state 
commission or the Commission.
    (b) A LEC's implementation plan must include:

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    (1) A proposal that explains how the LEC will offer intraLATA toll 
dialing parity for each exchange that the LEC operates in the state, in 
accordance with the provisions of this section, and a proposed time 
schedule for implementation; and
    (2) A proposal for timely notification of its subscribers and the 
methods it proposes to use to enable subscribers to affirmatively select 
an intraLATA toll service provider.
    (3) A LEC that is not a BOC also shall identify the LATA with which 
it will associate for the purposes of providing intraLATA and interLATA 
toll dialing parity under this subpart.
    (c) A LEC must file its implementation plan with the state 
commission for each state in which the LEC provides telephone exchange 
service, except that if a LEC determines that a state commission has 
elected not to review the plan or will not complete its review in 
sufficient time for the LEC to meet the toll dialing parity 
implementation deadlines in Sec. 51.211, the LEC must file its plan with 
the Commission:
    (1) No later than 180 days before the date on which the LEC will 
begin providing toll dialing parity in the state, or no later than 180 
days before February 8, 1999, whichever occurs first; or
    (2) For LECs that begin providing in-region, interLATA or in-region, 
interstate toll service (see Sec. 51.211(f)) before August 8, 1997, no 
later than December 5, 1996.
    (d) The Commission will release a public notice of any LEC 
implementation plan that is filed with the Commission under paragraph 
(c) of this section.
    (1) The LEC's plan will be deemed approved on the fifteenth day 
following release of the Commission's public notice unless, no later 
than the fourteenth day following the release of the Commission's public 
notice; either
    (i) The Common Carrier Bureau notifies the LEC that its plan will 
not be deemed approved on the fifteenth day; or
    (ii) An opposition to the plan is filed with the Commission and 
served on the LEC that filed the plan. Such an opposition must state 
specific reasons why the LEC's plan does not serve the public interest.
    (2) If one or more oppositions are filed, the LEC that filed the 
plan will have seven additional days (i.e., until no later than the 
twenty-first day following the release of the Commission's public 
notice) within which to file a reply to the opposition(s) and serve it 
on all parties that filed an opposition. The response shall:
    (i) Include information responsive to the allegations and concerns 
identified by the opposing party; and
    (ii) Identify possible revisions to the plan that will address the 
opposing party's concerns.
    (3) If a LEC's plan is opposed under paragraph (d)(1)(ii) of this 
section, the Common Carrier Bureau will act on the plan within ninety 
days of the date on which the Commission released its public notice. In 
the event the Bureau fails to act within ninety days, the plan will not 
go into effect pending Bureau action. If the plan is not opposed, but it 
did not go into effect on the fifteenth day following the release of the 
Commission's public notice (see paragraph (d)(1)(i) of this section), 
and the Common Carrier Bureau fails to act on the plan within ninety 
days of the date on which the Commission released its public notice, the 
plan will be deemed approved without further Commission action on the 
ninety-first day after the date on which the Commission released its 
public notice of the plan's filing.

[ 61 FR 47349 , Sept. 6, 1996]