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:

   (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]