Sec.  51.319   Specific unbundling requirements.

   (a)   Local  loops.  An  incumbent  LEC  shall  provide  a  requesting
   telecommunications carrier with nondiscriminatory access to the local loop
   on an unbundled basis, in accordance with section 251(c)(3) of the Act and
   this part and as set forth in paragraphs (a)(1) through (a)(9) of this
   section.  The  local loop network element is defined as a transmission
   facility between a distribution frame (or its equivalent) in an incumbent
   LEC central office and the loop demarcation point at an end-user customer
   premises. This element includes all features, functions, and capabilities of
   such transmission facility, including the network interface device. It also
   includes all electronics, optronics, and intermediate devices (including
   repeaters and load coils) used to establish the transmission path to the
   end-user customer premises as well as any inside wire owned or controlled by
   the incumbent LEC that is part of that transmission path.

   (1)  Copper  loops.  An  incumbent  LEC  shall  provide  a  requesting
   telecommunications carrier with nondiscriminatory access to the copper loop
   on an unbundled basis. A copper loop is a stand-alone local loop comprised
   entirely  of  copper  wire or cable. Copper loops include two-wire and
   four-wire analog voice-grade copper loops, digital copper loops (e.g., DS0s
   and integrated services digital network lines), as well as two-wire and
   four-wire copper loops conditioned to transmit the digital signals needed to
   provide digital subscriber line services, regardless of whether the copper
   loops are in service or held as spares. The copper loop includes attached
   electronics  using time division multiplexing technology, but does not
   include packet switching capabilities as defined in paragraph (a)(2)(i) of
   this section. The availability of DS1 and DS3 copper loops is subject to the
   requirements of paragraphs (a)(4) and (a)(5) of this section.

   (i)  Line sharing. Beginning on the effective date of the Commission's
   Triennial Review Order, the high frequency portion of a copper loop shall no
   longer be required to be provided as an unbundled network element, subject
   to the transitional line sharing conditions in paragraphs (a)(1)(i)(A) and
   (a)(1)(i)(B)  of  this section. Line sharing is the process by which a
   requesting telecommunications carrier provides digital subscriber line
   service over the same copper loop that the incumbent LEC uses to provide
   voice service, with the incumbent LEC using the low frequency portion of the
   loop and the requesting telecommunications carrier using the high frequency
   portion of the loop. The high frequency portion of the loop consists of the
   frequency range on the copper loop above the range that carries analog
   circuit-switched voice transmissions. This portion of the loop includes the
   features, functions, and capabilities of the loop that are used to establish
   a  complete  transmission path on the high frequency range between the
   incumbent LEC's distribution frame (or its equivalent) in its central office
   and the demarcation point at the end-user customer premises, and includes
   the high frequency portion of any inside wire owned or controlled by the
   incumbent LEC.

   (A) Line sharing customers before the effective date of the Commission's
   Triennial  Review  Order.  An incumbent LEC shall provide a requesting
   telecommunications carrier with the ability to engage in line sharing over a
   copper loop where, prior to the effective date of the Commission's Triennial
   Review Order, the requesting telecommunications carrier began providing
   digital subscriber line service to a particular end-user customer and has
   not ceased providing digital subscriber line service to that customer. Until
   such end-user customer cancels or otherwise discontinues its subscription to
   the digital subscriber line service of the requesting telecommunications
   carrier, or its successor or assign, an incumbent LEC shall continue to
   provide access to the high frequency portion of the loop at the same rate
   that the incumbent LEC charged for such access prior to the effective date
   of the Commission's Triennial Review Order.

   (B)  Line  sharing  customers  on  or  after the effective date of the
   Commission's  Triennial Review Order. An incumbent LEC shall provide a
   requesting telecommunications carrier with the ability to engage in line
   sharing over a copper loop, between the effective date of the Commission's
   Triennial Review Order and three years after that effective date, where the
   requesting telecommunications carrier began providing digital subscriber
   line service to a particular end-user customer on or before the date one
   year after that effective date. Beginning three years after the effective
   date of the Commission's Triennial Review Order, the incumbent LEC is no
   longer required to provide a requesting telecommunications carrier with the
   ability to engage in line sharing for this end-user customer or any new
   end-user customer. Between the effective date of the Commission's Triennial
   Review Order and three years after that effective date, an incumbent LEC
   shall provide a requesting telecommunications carrier with access to the
   high frequency portion of a copper loop in order to serve line sharing
   customers obtained between the effective date of the Commission's Triennial
   Review Order and one year after that effective date in the following manner:

   (1) During the first year following the effective date of the Commission's
   Triennial Review Order, the incumbent LEC shall provide access to the high
   frequency portion of a copper loop at 25 percent of the state-approved
   monthly recurring rate, or 25 percent of the monthly recurring rate set
   forth in the incumbent LEC's and requesting telecommunications carrier's
   interconnection agreement, for access to a copper loop in effect on that
   date.

   (2)  Beginning  one  year plus one day after the effective date of the
   Commission's Triennial Review Order until two years after that effective
   date, the incumbent LEC shall provide access to the high frequency portion
   of a copper loop at 50 percent of the state-approved monthly recurring rate,
   or 50 percent of the monthly recurring rate set forth in the incumbent LEC's
   and requesting telecommunications carrier's interconnection agreement, for
   access to a copper loop in effect on the effective date of the Commission's
   Triennial Review Order.

   (3)  Beginning  two  years  plus  one  day after effective date of the
   Commission's Triennial Review Order until three years after that effective
   date, the incumbent LEC shall provide access to the high frequency portion
   of a copper loop at 75 percent of the state-approved monthly recurring rate,
   or 75 percent of the monthly recurring rate set forth in the incumbent LEC's
   and requesting telecommunications carrier's interconnection agreement, for
   access to a copper loop in effect on the effective date of the Commission's
   Triennial Review Order.

   (ii)  Line  splitting.  An  incumbent  LEC  shall provide a requesting
   telecommunications carrier that obtains an unbundled copper loop from the
   incumbent LEC with the ability to engage in line splitting arrangements with
   another competitive LEC using a splitter collocated at the central office
   where the loop terminates into a distribution frame or its equivalent. Line
   splitting is the process in which one competitive LEC provides narrowband
   voice service over the low frequency portion of a copper loop and a second
   competitive LEC provides digital subscriber line service over the high
   frequency portion of that same loop.

   (A)  An incumbent LEC's obligation, under paragraph (a)(1)(ii) of this
   section, to provide a requesting telecommunications carrier with the ability
   to  engage in line splitting applies regardless of whether the carrier
   providing voice service provides its own switching or obtains local circuit
   switching as an unbundled network element pursuant to paragraph (d) of this
   section.

   (B)  An  incumbent  LEC must make all necessary network modifications,
   including providing nondiscriminatory access to operations support systems
   necessary for pre-ordering, ordering, provisioning, maintenance and repair,
   and billing for loops used in line splitting arrangements.

   (iii) Line conditioning. The incumbent LEC shall condition a copper loop at
   the request of the carrier seeking access to a copper loop under paragraph
   (a)(1) of this section, the high frequency portion of a copper loop under
   paragraph (a)(1)(i) of this section, or a copper subloop under paragraph (b)
   of this section to ensure that the copper loop or copper subloop is suitable
   for providing digital subscriber line services, including those provided
   over  the high frequency portion of the copper loop or copper subloop,
   whether or not the incumbent LEC offers advanced services to the end-user
   customer on that copper loop or copper subloop. If the incumbent LEC seeks
   compensation  from  the requesting telecommunications carrier for line
   conditioning, the requesting telecommunications carrier has the option of
   refusing,  in  whole  or  in part, to have the line conditioned; and a
   requesting telecommunications carrier's refusal of some or all aspects of
   line conditioning will not diminish any right it may have, under paragraphs
   (a) and (b) of this section, to access the copper loop, the high frequency
   portion of the copper loop, or the copper subloop.

   (A) Line conditioning is defined as the removal from a copper loop or copper
   subloop of any device that could diminish the capability of the loop or
   subloop  to  deliver  high-speed  switched wireline telecommunications
   capability, including digital subscriber line service. Such devices include,
   but are not limited to, bridge taps, load coils, low pass filters, and range
   extenders.

   (B) Incumbent LECs shall recover the costs of line conditioning from the
   requesting telecommunications carrier in accordance with the Commission's
   forward-looking pricing principles promulgated pursuant to section 252(d)(1)
   of the Act and in compliance with rules governing nonrecurring costs in
    Sec. 51.507(e).

   (C) Insofar as it is technically feasible, the incumbent LEC shall test and
   report  troubles  for all the features, functions, and capabilities of
   conditioned  copper  lines,  and may not restrict its testing to voice
   transmission only.

   (D) Where the requesting telecommunications carrier is seeking access to the
   high  frequency portion of a copper loop or copper subloop pursuant to
   paragraphs (a) or (b) of this section and the incumbent LEC claims that
   conditioning that loop or subloop will significantly degrade, as defined in
    Sec. 51.233,  the  voiceband  services that the incumbent LEC is currently
   providing over that loop or subloop, the incumbent LEC must either:

   (1) Locate another copper loop or copper subloop that has been or can be
   conditioned, migrate the incumbent LEC's voiceband service to that loop or
   subloop, and provide the requesting telecommunications carrier with access
   to the high frequency portion of that alternative loop or subloop; or

   (2) Make a showing to the state commission that the original copper loop or
   copper  subloop  cannot be conditioned without significantly degrading
   voiceband services on that loop or subloop, as defined in  Sec. 51.233, and that
   there is no adjacent or alternative copper loop or copper subloop available
   that  can be conditioned or to which the end-user customer's voiceband
   service can be moved to enable line sharing.

   (E)  If,  after evaluating the incumbent LEC's showing under paragraph
   (a)(1)(iii)(D)(2) of this section, the state commission concludes that a
   copper loop or copper subloop cannot be conditioned without significantly
   degrading  the  voiceband  service,  the  incumbent LEC cannot then or
   subsequently condition that loop or subloop to provide advanced services to
   its  own  customers  without  first making available to any requesting
   telecommunications  carrier  the  high  frequency portion of the newly
   conditioned loop or subloop.

   (iv) Maintenance, repair, and testing. (A) An incumbent LEC shall provide,
   on  a  nondiscriminatory  basis, physical loop test access points to a
   requesting  telecommunications  carrier  at  the  splitter,  through a
   cross-connection to the requesting telecommunications carrier's collocation
   space,  or  through  a standardized interface, such as an intermediate
   distribution frame or a test access server, for the purpose of testing,
   maintaining, and repairing copper loops and copper subloops.

   (B) An incumbent LEC seeking to utilize an alternative physical access
   methodology may request approval to do so from the state commission, but
   must  show  that  the  proposed  alternative  method is reasonable and
   nondiscriminatory, and will not disadvantage a requesting telecommunications
   carrier's  ability to perform loop or service testing, maintenance, or
   repair.

   (v) Control of the loop and splitter functionality. In situations where a
   requesting  telecommunications carrier is obtaining access to the high
   frequency portion of a copper loop either through a line sharing or line
   splitting arrangement, the incumbent LEC may maintain control over the loop
   and splitter equipment and functions, and shall provide to the requesting
   telecommunications  carrier  loop  and  splitter functionality that is
   compatible  with  any  transmission  technology  that  the  requesting
   telecommunications carrier seeks to deploy using the high frequency portion
   of the loop, as defined in paragraph (a)(1)(i) of this section, provided
   that such transmission technology is presumed to be deployable pursuant to
    Sec. 51.230.

   (2) Hybrid loops. A hybrid loop is a local loop composed of both fiber optic
   cable, usually in the feeder plant, and copper wire or cable, usually in the
   distribution plant.

   (i) Packet switching facilities, features, functions, and capabilities. An
   incumbent LEC is not required to provide unbundled access to the packet
   switched features, functions and capabilities of its hybrid loops. Packet
   switching capability is the routing or forwarding of packets, frames, cells,
   or other data units based on address or other routing information contained
   in the packets, frames, cells or other data units, and the functions that
   are performed by the digital subscriber line access multiplexers, including
   but not limited to the ability to terminate an end-user customer's copper
   loop (which includes both a low-band voice channel and a high-band data
   channel,  or  solely a data channel); the ability to forward the voice
   channels, if present, to a circuit switch or multiple circuit switches; the
   ability to extract data units from the data channels on the loops; and the
   ability to combine data units from multiple loops onto one or more trunks
   connecting to a packet switch or packet switches.

   (ii) Broadband services. When a requesting telecommunications carrier seeks
   access  to  a  hybrid loop for the provision of broadband services, an
   incumbent LEC shall provide the requesting telecommunications carrier with
   nondiscriminatory  access  to the time division multiplexing features,
   functions,  and capabilities of that hybrid loop, including DS1 or DS3
   capacity (where impairment has been found to exist), on an unbundled basis
   to  establish a complete transmission path between the incumbent LEC's
   central  office and an end user's customer premises. This access shall
   include access to all features, functions, and capabilities of the hybrid
   loop that are not used to transmit packetized information.

   (iii) Narrowband services. When a requesting telecommunications carrier
   seeks access to a hybrid loop for the provision of narrowband services, the
   incumbent LEC may either:

   (A) Provide nondiscriminatory access, on an unbundled basis, to an entire
   hybrid  loop  capable  of voice-grade service (i.e., equivalent to DS0
   capacity), using time division multiplexing technology; or

   (B) Provide nondiscriminatory access to a spare home-run copper loop serving
   that customer on an unbundled basis.

   (3)  Fiber  loops.  (i)  Definitions.  (A)  Fiber-to-the-home loops. A
   fiber-to-the-home loop is a local loop consisting entirely of fiber optic
   cable, whether dark or lit, serving an end user's customer premises or, in
   the case of predominantly residential multiple dwelling units (MDUs), a
   fiber  optic cable, whether dark or lit, that extends to the multiunit
   premises' minimum point of entry (MPOE).

   (B)  Fiber-to-the-curb loops. A fiber-to-the-curb loop is a local loop
   consisting of fiber optic cable connecting to a copper distribution plant
   that is not more than 500 feet from the customer's premises or, in the case
   of predominantly residential MDUs, not more than 500 feet from the MDU's
   MPOE. The fiber optic cable in a fiber-to-the-curb loop must connect to a
   copper distribution plant at a serving area interface from which every other
   copper  distribution  subloop  also is not more than 500 feet from the
   respective customer's premises.

   (ii)  New  builds.  An  incumbent  LEC  is  not  required  to  provide
   nondiscriminatory access to a fiber-to-the-home loop or a fiber-to-the-curb
   loop on an unbundled basis when the incumbent LEC deploys such a loop to an
   end user's customer premises that previously has not been served by any loop
   facility.

   (iii)  Overbuilds.  An  incumbent  LEC  is  not  required  to  provide
   nondiscriminatory access to a fiber-to-the-home loop or a fiber-to-the-curb
   loop on an unbundled basis when the incumbent LEC has deployed such a loop
   parallel to, or in replacement of, an existing copper loop facility, except
   that:

   (A) The incumbent LEC must maintain the existing copper loop connected to
   the particular customer premises after deploying the fiber-to-the-home loop
   or the fiber-to-the-curb loop and provide nondiscriminatory access to that
   copper loop on an unbundled basis unless the incumbent LEC retires the
   copper loops pursuant to paragraph (a)(3)(iv) of this section.

   (B) An incumbent LEC that maintains the existing copper loops pursuant to
   paragraph (a)(3)(iii)(A) of this section need not incur any expenses to
   ensure that the existing copper loop remains capable of transmitting signals
   prior to receiving a request for access pursuant to that paragraph, in which
   case  the  incumbent  LEC shall restore the copper loop to serviceable
   condition upon request.

   (C) An incumbent LEC that retires the copper loop pursuant to paragraph
   (a)(3)(iv) of this section shall provide nondiscriminatory access to a 64
   kilobits per second transmission path capable of voice grade service over
   the fiber-to-the-home loop or fiber-to-the-curb loop on an unbundled basis.

   (iv) Retirement of copper loops or copper subloops. Prior to retiring any
   copper   loop  or  copper  subloop  that  has  been  replaced  with  a
   fiber-to-the-home loop or a fiber-to-the-curb loop, an incumbent LEC must
   comply with:

   (A) The network disclosure requirements set forth in section 251(c)(5) of
   the Act and in  Sec. 51.325 through  Sec. 51.335; and

   (B) Any applicable state requirements.

   (4) DS1 loops. (i) Subject to the cap described in paragraph (a)(4)(ii) of
   this section, an incumbent LEC shall provide a requesting telecommunications
   carrier with nondiscriminatory access to a DS1 loop on an unbundled basis to
   any building not served by a wire center with at least 60,000 business lines
   and at least four fiber-based collocators. Once a wire center exceeds both
   of these thresholds, no future DS1 loop unbundling will be required in that
   wire center. A DS1 loop is a digital local loop having a total digital
   signal speed of 1.544 megabytes per second. DS1 loops include, but are not
   limited  to,  two-wire and four-wire copper loops capable of providing
   high-bit rate digital subscriber line services, including T1 services.

   (ii) Cap on unbundled DS1 loop circuits. A requesting telecommunications
   carrier  may obtain a maximum of ten unbundled DS1 loops to any single
   building in which DS1 loops are available as unbundled loops.

   (iii)  Transition  period for DS1 loop circuits. For a 12-month period
   beginning on the effective date of the Triennial Review Remand Order, any
   DS1 loop UNEs that a competitive LEC leases from the incumbent LEC as of
   that date, but which the incumbent LEC is not obligated to unbundle pursuant
   to paragraphs (a)(4)(i) or (a)(4)(ii) of this section, shall be available
   for lease from the incumbent LEC at a rate equal to the higher of 115% of
   the rate the requesting carrier paid for the loop element on June 15, 2004,
   or, 115% of the rate the state commission has established or establishes, if
   any, between June 16, 2004, and the effective date of the Triennial Review
   Remand Order, for that loop element. Where incumbent LECs are not required
   to  provide  unbundled  DS1  loops pursuant to paragraphs (a)(4)(i) or
   (a)(4)(ii) of this section, requesting carriers may not obtain new DS1 loops
   as unbundled network elements.

   (5) DS3 loops. (i) Subject to the cap described in paragraph (a)(5)(ii) of
   this section, an incumbent LEC shall provide a requesting telecommunications
   carrier with nondiscriminatory access to a DS3 loop on an unbundled basis to
   any building not served by a wire center with at least 38,000 business lines
   and at least four fiber-based collocators. Once a wire center exceeds both
   of these thresholds, no future DS3 loop unbundling will be required in that
   wire center. A DS3 loop is a digital local loop having a total digital
   signal speed of 44.736 megabytes per second.

   (ii) Cap on unbundled DS3 loop circuits. A requesting telecommunications
   carrier may obtain a maximum of a single unbundled DS3 loop to any single
   building in which DS3 loops are available as unbundled loops.

   (iii)  Transition  period for DS3 loop circuits. For a 12-month period
   beginning on the effective date of the Triennial Review Remand Order, any
   DS3 loop UNEs that a competitive LEC leases from the incumbent LEC as of
   that date, but which the incumbent LEC is not obligated to unbundle pursuant
   to paragraphs (a)(5)(i) or (a)(5)(ii) of this section, shall be available
   for lease from the incumbent LEC at a rate equal to the higher of 115% of
   the rate the requesting carrier paid for the loop element on June 15, 2004,
   or, 115% of the rate the state commission has established or establishes, if
   any, between June 16, 2004, and the effective date of the Triennial Review
   Remand Order, for that loop element. Where incumbent LECs are not required
   to  provide  unbundled  DS3  loops pursuant to paragraphs (a)(5)(i) or
   (a)(5)(ii) of this section, requesting carriers may not obtain new DS3 loops
   as unbundled network elements.

   (6)  Dark fiber loops. (i) An incumbent LEC is not required to provide
   requesting telecommunications carriers with access to a dark fiber loop on
   an unbundled basis. Dark fiber is fiber within an existing fiber optic cable
   that has not yet been activated through optronics to render it capable of
   carrying communications services.

   (ii) Transition period for dark fiber loop circuits. For an 18-month period
   beginning on the effective date of the Triennial Review Remand Order, any
   dark fiber loop UNEs that a competitive LEC leases from the incumbent LEC as
   of that date shall be available for lease from the incumbent LEC at a rate
   equal to the higher of 115% of the rate the requesting carrier paid for the
   loop element on June 15, 2004, or, 115% of the rate the state commission has
   established or establishes, if any, between June 16, 2004, and the effective
   date of the Triennial Review Remand Order, for that loop element. Requesting
   carriers may not obtain new dark fiber loops as unbundled network elements.

   (7) Routine network modifications. (i) An incumbent LEC shall make all
   routine  network  modifications  to  unbundled loop facilities used by
   requesting telecommunications carriers where the requested loop facility has
   already been constructed. An incumbent LEC shall perform these routine
   network modifications to unbundled loop facilities in a nondiscriminatory
   fashion, without regard to whether the loop facility being accessed was
   constructed on behalf, or in accordance with the specifications, of any
   carrier.

   (ii) A routine network modification is an activity that the incumbent LEC
   regularly undertakes for its own customers. Routine network modifications
   include, but are not limited to, rearranging or splicing of cable; adding an
   equipment  case;  adding  a  doubler or repeater; adding a smart jack;
   installing a repeater shelf; adding a line card; deploying a new multiplexer
   or reconfiguring an existing multiplexer; and attaching electronic and other
   equipment  that the incumbent LEC ordinarily attaches to a DS1 loop to
   activate such loop for its own customer. They also include activities needed
   to enable a requesting telecommunications carrier to obtain access to a dark
   fiber loop. Routine network modifications may entail activities such as
   accessing manholes, deploying bucket trucks to reach aerial cable, and
   installing equipment casings. Routine network modifications do not include
   the construction of a new loop, or the installation of new aerial or buried
   cable for a requesting telecommunications carrier.

   (8) Engineering policies, practices, and procedures. An incumbent LEC shall
   not engineer the transmission capabilities of its network in a manner, or
   engage in any policy, practice, or procedure, that disrupts or degrades
   access  to  a  local  loop  or  subloop,  including  the time division
   multiplexing-based features, functions, and capabilities of a hybrid loop,
   for which a requesting telecommunications carrier may obtain or has obtained
   access pursuant to paragraph (a) of this section.

   (b) Subloops. An incumbent LEC shall provide a requesting telecommunications
   carrier with nondiscriminatory access to subloops on an unbundled basis in
   accordance with section 251(c)(3) of the Act and this part and as set forth
   in paragraph (b) of this section.

   (1)  Copper  subloops.  An  incumbent  LEC  shall provide a requesting
   telecommunications carrier with nondiscriminatory access to a copper subloop
   on an unbundled basis. A copper subloop is a portion of a copper loop, or
   hybrid loop, comprised entirely of copper wire or copper cable that acts as
   a transmission facility between any point of technically feasible access in
   an incumbent LEC's outside plant, including inside wire owned or controlled
   by the incumbent LEC, and the end-user customer premises. A copper subloop
   includes all intermediate devices (including repeaters and load coils) used
   to establish a transmission path between a point of technically feasible
   access and the demarcation point at the end-user customer premises, and
   includes the features, functions, and capabilities of the copper loop.
   Copper subloops include two-wire and four-wire analog voice-grade subloops
   as well as two-wire and four-wire subloops conditioned to transmit the
   digital  signals  needed  to provide digital subscriber line services,
   regardless of whether the subloops are in service or held as spares.

   (i) Point of technically feasible access. A point of technically feasible
   access is any point in the incumbent LEC's outside plant where a technician
   can access the copper wire within a cable without removing a splice case.
   Such points include, but are not limited to, a pole or pedestal, the serving
   area interface, the network interface device, the minimum point of entry,
   any remote terminal, and the feeder/distribution interface. An incumbent LEC
   shall, upon a site-specific request, provide access to a copper subloop at a
   splice near a remote terminal. The incumbent LEC shall be compensated for
   providing this access in accordance with  Sec.  Sec. 51.501 through 51.515.

   (ii) Rules for collocation. Access to the copper subloop is subject to the
   Commission's collocation rules at  Sec.  Sec. 51.321 and 51.323.

   (2) Subloops for access to multiunit premises wiring. An incumbent LEC shall
   provide a requesting telecommunications carrier with nondiscriminatory
   access  to  the  subloop for access to multiunit premises wiring on an
   unbundled basis regardless of the capacity level or type of loop that the
   requesting telecommunications carrier seeks to provision for its customer.
   The  subloop for access to multiunit premises wiring is defined as any
   portion of the loop that it is technically feasible to access at a terminal
   in the incumbent LEC's outside plant at or near a multiunit premises. One
   category of this subloop is inside wire, which is defined for purposes of
   this section as all loop plant owned or controlled by the incumbent LEC at a
   multiunit customer premises between the minimum point of entry as defined in
    Sec. 68.105 of this chapter and the point of demarcation of the incumbent LEC's
   network as defined in  Sec. 68.3 of this chapter.

   (i) Point of technically feasible access. A point of technically feasible
   access  is any point in the incumbent LEC's outside plant at or near a
   multiunit premises where a technician can access the wire or fiber within
   the cable without removing a splice case to reach the wire or fiber within
   to access the wiring in the multiunit premises. Such points include, but are
   not  limited to, a pole or pedestal, the network interface device, the
   minimum  point  of entry, the single point of interconnection, and the
   feeder/distribution interface.

   (ii) Single point of interconnection. Upon notification by a requesting
   telecommunications carrier that it requests interconnection at a multiunit
   premises where the incumbent LEC owns, controls, or leases wiring, the
   incumbent  LEC shall provide a single point of interconnection that is
   suitable for use by multiple carriers. This obligation is in addition to the
   incumbent LEC's obligations, under paragraph (b)(2) of this section, to
   provide  nondiscriminatory access to a subloop for access to multiunit
   premises wiring, including any inside wire, at any technically feasible
   point. If the parties are unable to negotiate rates, terms, and conditions
   under  which  the  incumbent  LEC  will  provide  this single point of
   interconnection, then any issues in dispute regarding this obligation shall
   be resolved in state proceedings under section 252 of the Act.

   (3) Other subloop provisions—(i) Technical feasibility. If parties are
   unable to reach agreement through voluntary negotiations as to whether it is
   technically feasible, or whether sufficient space is available, to unbundle
   a copper subloop or subloop for access to multiunit premises wiring at the
   point where a telecommunications carrier requests, the incumbent LEC shall
   have  the  burden  of  demonstrating to the state commission, in state
   proceedings under section 252 of the Act, that there is not sufficient space
   available, or that it is not technically feasible to unbundle the subloop at
   the point requested.

   (ii) Best practices. Once one state commission has determined that it is
   technically  feasible  to  unbundle subloops at a designated point, an
   incumbent LEC in any state shall have the burden of demonstrating to the
   state commission, in state proceedings under section 252 of the Act, that it
   is not technically feasible, or that sufficient space is not available, to
   unbundle its own loops at such a point.

   (c) Network interface device. Apart from its obligation to provide the
   network interface device functionality as part of an unbundled loop or
   subloop, an incumbent LEC also shall provide nondiscriminatory access to the
   network interface device on an unbundled basis, in accordance with section
   251(c)(3) of the Act and this part. The network interface device element is
   a stand-alone network element and is defined as any means of interconnection
   of customer premises wiring to the incumbent LEC's distribution plant, such
   as a cross-connect device used for that purpose. An incumbent LEC shall
   permit a requesting telecommunications carrier to connect its own loop
   facilities  to  on-premises wiring through the incumbent LEC's network
   interface device, or at any other technically feasible point.

   (d) Local circuit switching. An incumbent LEC shall provide a requesting
   telecommunications carrier with nondiscriminatory access to local circuit
   switching, including tandem switching, on an unbundled basis, in accordance
   with  section  251(c)(3)  of the Act and this part and as set forth in
   paragraph (d) of this section.

   (1) Definition. Local circuit switching is defined as follows:

   (i)  Local  circuit switching encompasses all line-side and trunk-side
   facilities, plus the features, functions, and capabilities of the switch.
   The features, functions, and capabilities of the switch shall include the
   basic switching function of connecting lines to lines, lines to trunks,
   trunks to lines, and trunks to trunks.

   (ii) Local circuit switching includes all vertical features that the switch
   is  capable  of providing, including custom calling, custom local area
   signaling  services  features, and Centrex, as well as any technically
   feasible customized routing functions.

   (2) DS0 capacity (i.e., mass market) determinations. (i) An incumbent LEC is
   not required to provide access to local circuit switching on an unbundled
   basis to requesting telecommunications carriers for the purpose of serving
   end-user customers using DS0 capacity loops.

   (ii) Each requesting telecommunications carrier shall migrate its embedded
   base of end-user customers off of the unbundled local circuit switching
   element to an alternative arrangement within 12 months of the effective date
   of the Triennial Review Remand Order.

   (iii) Notwithstanding paragraph (d)(2)(i) of this section, for a 12-month
   period from the effective date of the Triennial Review Remand Order, an
   incumbent  LEC  shall  provide access to local circuit switching on an
   unbundled basis for a requesting carrier to serve its embedded base of
   end-user customers. The price for unbundled local circuit switching in
   combination with unbundled DS0 capacity loops and shared transport obtained
   pursuant to this paragraph shall be the higher of the rate at which the
   requesting carrier obtained that combination of network elements on June 15,
   2004 plus one dollar, or, the rate the state public utility commission
   establishes, if any, between June 16, 2004, and the effective date of the
   Triennial Review Remand Order, for that combination of network elements,
   plus one dollar. Requesting carriers may not obtain new local switching as
   an unbundled network element.

   (3) DS1 capacity and above (i.e., enterprise market) determinations. An
   incumbent LEC is not required to provide access to local circuit switching
   on an unbundled basis to requesting telecommunications carriers for the
   purpose of serving end-user customers using DS1 capacity and above loops
   except where the state commission petitions this Commission for waiver of
   this  finding in accordance with the conditions set forth in paragraph
   (d)(3)(i) of this section and the Commission grants such waiver.

   (i) State commission inquiry. In its petition, a state commission wishing to
   rebut the Commission's finding should petition the Commission to show that
   requesting telecommunications carriers are impaired without access to local
   circuit switching to serve end users using DS1 capacity and above loops in a
   particular  geographic  market as defined in accordance with paragraph
   (d)(2)(i) of this section if it finds that operational or economic barriers
   exist in that market.

   (A)  In  making  this showing, the state commission shall consider the
   following  operational  characteristics:  incumbent LEC performance in
   provisioning loops; difficulties associated with obtaining collocation space
   due to lack of space or delays in provisioning by the incumbent LEC; and the
   difficulties associated with obtaining cross-connects in the incumbent LEC's
   wire center.

   (B)  In  making  this showing, the state commission shall consider the
   following economic characteristics: the cost of entry into a particular
   market, including those caused by both operational and economic barriers to
   entry; requesting telecommunications carriers' potential revenues from
   serving enterprise customers in that market, including all likely revenues
   to  be  gained  from  entering  that  market;  the  prices  requesting
   telecommunications carriers are likely to be able to charge in that market,
   based on a consideration of the prevailing retail rates the incumbent LEC
   charges to the different classes of customers in the different parts of the
   state.

   (ii) Transitional four-line carve-out. Until the state commission completes
   the review described in paragraph (b)(2)(iii)(B)(4) of this section, an
   incumbent LEC shall comply with the four-line “carve-out” for unbundled
   switching established in Implementation of the Local Competition Provisions
   of the Telecommunications Act of 1996, CC Docket No. 96–98, Third Report and
   Order and Fourth Further Notice of Proposed Rulemaking, 15 FCC Rcd 3822–31,
   paras. 276–98 (1999), reversed and remanded in part sub. nom. United States
   Telecom Ass'n v. FCC, 290 F.3d 415 (D.C. Cir. 2002).

   (A)  DS1  capacity  and  above  end-user  transition.  Each requesting
   telecommunications carrier shall transfer its end-user customers served
   using DS1 and above capacity loops and unbundled local circuit switching to
   an alternative arrangement within 90 days from the end of the 90-day state
   commission consideration period set forth in paragraph (d)(5)(i), unless a
   longer period is necessary to comply with a “change of law” provision in an
   applicable interconnection agreement.

   (4) Other elements to be unbundled. Elements relating to the local circuit
   switching  element  shall be made available on an unbundled basis to a
   requesting carrier to the extent that the requesting carrier is entitled to
   unbundled local circuit switching as set forth in paragraph (d)(2) of this
   section.

   (i) An incumbent LEC shall provide a requesting telecommunications carrier
   with nondiscriminatory access to signaling, call-related databases, and
   shared  transport facilities on an unbundled basis, in accordance with
   section 251(c)(3) of the Act and this part, to the extent that local circuit
   switching is required to be made available pursuant to paragraph (d)(2)(iii)
   of this section. These elements are defined as follows:

   (A) Signaling networks. Signaling networks include, but are not limited to,
   signaling links and signaling transfer points.

   (B) Call-related databases. Call-related databases are defined as databases,
   other than operations support systems, that are used in signaling networks
   for billing and collection, or the transmission, routing, or other provision
   of a telecommunications service. Where a requesting telecommunications
   carrier purchases unbundled local circuit switching from an incumbent LEC,
   an incumbent LEC shall allow a requesting telecommunications carrier to use
   the incumbent LEC's service control point element in the same manner, and
   via the same signaling links, as the incumbent LEC itself.

   (1) Call-related databases include, but are not limited to, the calling name
   database, 911 database, E911 database, line information database, toll free
   calling database, advanced intelligent network databases, and downstream
   number portability databases by means of physical access at the signaling
   transfer point linked to the unbundled databases.

   (2) Service management systems are defined as computer databases or systems
   not part of the public switched network that interconnect to the service
   control point and send to the service control point information and call
   processing instructions needed for a network switch to process and complete
   a  telephone  call,  and provide a telecommunications carrier with the
   capability  of  entering and storing data regarding the processing and
   completing  of a telephone call. Where a requesting telecommunications
   carrier purchases unbundled local circuit switching from an incumbent LEC,
   the incumbent LEC shall allow a requesting telecommunications carrier to use
   the incumbent LEC's service management systems by providing a requesting
   telecommunications  carrier  with  the  information necessary to enter
   correctly, or format for entry, the information relevant for input into the
   incumbent LEC's service management system, including access to design,
   create, test, and deploy advanced intelligent network-based services at the
   service management system, through a service creation environment, that the
   incumbent LEC provides to itself.

   (3) An incumbent LEC shall not be required to unbundle the services created
   in the advanced intelligent network platform and architecture that qualify
   for proprietary treatment.

   (C)  Shared transport. Shared transport is defined as the transmission
   facilities shared by more than one carrier, including the incumbent LEC,
   between  end  office  switches, between end office switches and tandem
   switches, and between tandem switches, in the incumbent LEC network.

   (ii) An incumbent LEC shall provide a requesting telecommunications carrier
   nondiscriminatory access to operator services and directory assistance on an
   unbundled basis, in accordance with section 251(c)(3) of the Act and this
   part, to the extent that local circuit switching is required to be unbundled
   by a state commission, if the incumbent LEC does not provide that requesting
   telecommunications  carrier  with  customized routing, or a compatible
   signaling protocol, necessary to use either a competing provider's operator
   services   and   directory   assistance  platform  or  the  requesting
   telecommunications  carrier's  own platform. Operator services are any
   automatic  or  live assistance to a customer to arrange for billing or
   completion, or both, of a telephone call. Directory assistance is a service
   that allows subscribers to retrieve telephone numbers of other subscribers.

   (5) State commission proceedings. A state commission shall complete the
   proceedings necessary to satisfy the requirements in paragraphs (d)(2) and
   (d)(3)  of  this  section  in accordance with paragraphs (d)(5)(i) and
   (d)(5)(ii) of this section.

   (i) Timing. A state commission shall complete any initial review applying
   the triggers and criteria in paragraph (d)(2) of this section within nine
   months from the effective date of the Commission's Triennial Review Order. A
   state commission wishing to rebut the Commission's finding of non-impairment
   for  DS1  and  above enterprise switches must file a petition with the
   Commission in accordance with paragraph (d)(3) of this section within 90
   days from that effective date.

   (ii) Continuing review. A state commission shall complete any subsequent
   review applying these triggers and criteria within six months of the filing
   of a petition or other pleading to conduct such a review.

   (e)  Dedicated  transport. An incumbent LEC shall provide a requesting
   telecommunications  carrier with nondiscriminatory access to dedicated
   transport on an unbundled basis, in accordance with section 251(c)(3) of the
   Act and this part, as set forth in paragraphs (e) through (e)(4) of this
   section. A “route” is a transmission path between one of an incumbent LEC's
   wire centers or switches and another of the incumbent LEC's wire centers or
   switches. A route between two points (e.g., wire center or switch “A” and
   wire center or switch “Z”) may pass through one or more intermediate wire
   centers or switches (e.g., wire center or switch “X”). Transmission paths
   between identical end points (e.g., wire center or switch “A” and wire
   center or switch “Z”) are the same “route,” irrespective of whether they
   pass through the same intermediate wire centers or switches, if any.

   (1) Definition. For purposes of this section, dedicated transport includes
   incumbent LEC transmission facilities between wire centers or switches owned
   by incumbent LECs, or between wire centers or switches owned by incumbent
   LECs  and  switches  owned  by requesting telecommunications carriers,
   including, but not limited to, DS1-, DS3-, and OCn-capacity level services,
   as well as dark fiber, dedicated to a particular customer or carrier.

   (2) Availability. (i) Entrance facilities. An incumbent LEC is not obligated
   to provide a requesting carrier with unbundled access to dedicated transport
   that does not connect a pair of incumbent LEC wire centers.

   (ii)  Dedicated  DS1  transport. Dedicated DS1 transport shall be made
   available to requesting carriers on an unbundled basis as set forth below.
   Dedicated DS1 transport consists of incumbent LEC interoffice transmission
   facilities that have a total digital signal speed of 1.544 megabytes per
   second and are dedicated to a particular customer or carrier.

   (A) General availability of DS1 transport. Incumbent LECs shall unbundle DS1
   transport between any pair of incumbent LEC wire centers except where,
   through application of tier classifications described in paragraph (e)(3) of
   this section, both wire centers defining the route are Tier 1 wire centers.
   As such, an incumbent LEC must unbundle DS1 transport if a wire center at
   either end of a requested route is not a Tier 1 wire center, or if neither
   is a Tier 1 wire center.

   (B) Cap on unbundled DS1 transport circuits. A requesting telecommunications
   carrier  may obtain a maximum of ten unbundled DS1 dedicated transport
   circuits on each route where DS1 dedicated transport is available on an
   unbundled basis.

   (C) Transition period for DS1 transport circuits. For a 12-month period
   beginning on the effective date of the Triennial Review Remand Order, any
   DS1 dedicated transport UNE that a competitive LEC leases from the incumbent
   LEC  as  of that date, but which the incumbent LEC is not obligated to
   unbundle pursuant to paragraphs (e)(2)(ii)(A) or (e)(2)(ii)(B) of this
   section, shall be available for lease from the incumbent LEC at a rate equal
   to the higher of 115 percent of the rate the requesting carrier paid for the
   dedicated transport element on June 15, 2004, or, 115 percent of the rate
   the state commission has established or establishes, if any, between June
   16, 2004, and the effective date of the Triennial Review Remand Order, for
   that dedicated transport element. Where incumbent LECs are not required to
   provide unbundled DS1 transport pursuant to paragraphs (e)(2)(ii)(A) or
   (e)(2)(ii)(B) of this section, requesting carriers may not obtain new DS1
   transport as unbundled network elements.

   (iii)  Dedicated  DS3 transport. Dedicated DS3 transport shall be made
   available to requesting carriers on an unbundled basis as set forth below.
   Dedicated DS3 transport consists of incumbent LEC interoffice transmission
   facilities that have a total digital signal speed of 44.736 megabytes per
   second and are dedicated to a particular customer or carrier.

   (A) General availability of DS3 transport. Incumbent LECs shall unbundle DS3
   transport between any pair of incumbent LEC wire centers except where,
   through application of tier classifications described in paragraph (e)(3) of
   this section, both wire centers defining the route are either Tier 1 or Tier
   2 wire centers. As such, an incumbent LEC must unbundle DS3 transport if a
   wire center on either end of a requested route is a Tier 3 wire center.

   (B) Cap on unbundled DS3 transport circuits. A requesting telecommunications
   carrier  may  obtain a maximum of 12 unbundled DS3 dedicated transport
   circuits on each route where DS3 dedicated transport is available on an
   unbundled basis.

   (C) Transition period for DS3 transport circuits. For a 12-month period
   beginning on the effective date of the Triennial Review Remand Order, any
   DS3 dedicated transport UNE that a competitive LEC leases from the incumbent
   LEC  as  of that date, but which the incumbent LEC is not obligated to
   unbundle pursuant to paragraphs (e)(2)(iii)(A) or (e)(2)(iii)(B) of this
   section, shall be available for lease from the incumbent LEC at a rate equal
   to the higher of 115 percent of the rate the requesting carrier paid for the
   dedicated transport element on June 15, 2004, or, 115 percent of the rate
   the state commission has established or establishes, if any, between June
   16, 2004, and the effective date of the Triennial Review Remand Order, for
   that dedicated transport element. Where incumbent LECs are not required to
   provide unbundled DS3 transport pursuant to paragraphs (e)(2)(iii)(A) or
   (e)(2)(iii)(B) of this section, requesting carriers may not obtain new DS3
   transport as unbundled network elements.

   (iv) Dark fiber transport. Dedicated dark fiber transport shall be made
   available to requesting carriers on an unbundled basis as set forth below.
   Dark  fiber  transport  consists  of  unactivated  optical interoffice
   transmission facilities.

   (A) General availability of dark fiber transport. Incumbent LECs shall
   unbundle dark fiber transport between any pair of incumbent LEC wire centers
   except  where, though application of tier classifications described in
   paragraph (e)(3) of this section, both wire centers defining the route are
   either  Tier  1 or Tier 2 wire centers. As such, an incumbent LEC must
   unbundle dark fiber transport if a wire center on either end of a requested
   route is a Tier 3 wire center.

   (B) Transition period for dark fiber transport circuits. For an 18-month
   period beginning on the effective date of the Triennial Review Remand Order,
   any dark fiber dedicated transport UNE that a competitive LEC leases from
   the  incumbent LEC as of that date, but which the incumbent LEC is not
   obligated to unbundle pursuant to paragraphs (e)(2)(iv)(A) or (e)(2)(iv)(B)
   of this section, shall be available for lease from the incumbent LEC at a
   rate equal to the higher of 115 percent of the rate the requesting carrier
   paid for the dedicated transport element on June 15, 2004, or, 115 percent
   of the rate the state commission has established or establishes, if any,
   between June 16, 2004, and the effective date of the Triennial Review Remand
   Order, for that dedicated transport element. Where incumbent LECs are not
   required to provide unbundled dark fiber transport pursuant to paragraphs
   (e)(2)(iv)(A) or (e)(2)(iv)(B) of this section, requesting carriers may not
   obtain new dark fiber transport as unbundled network elements.

   (3) Wire center tier structure. For purposes of this section, incumbent LEC
   wire centers shall be classified into three tiers, defined as follows:

   (i) Tier 1 wire centers are those incumbent LEC wire centers that contain at
   least four fiber-based collocators, at least 38,000 business lines, or both.
   Tier 1 wire centers also are those incumbent LEC tandem switching locations
   that have no line-side switching facilities, but nevertheless serve as a
   point of traffic aggregation accessible by competitive LECs. Once a wire
   center is determined to be a Tier 1 wire center, that wire center is not
   subject to later reclassification as a Tier 2 or Tier 3 wire center.

   (ii) Tier 2 wire centers are those incumbent LEC wire centers that are not
   Tier 1 wire centers, but contain at least 3 fiber-based collocators, at
   least 24,000 business lines, or both. Once a wire center is determined to be
   a  Tier  2  wire  center,  that  wire  center  is not subject to later
   reclassification as a Tier 3 wire center.

   (iii) Tier 3 wire centers are those incumbent LEC wire centers that do not
   meet the criteria for Tier 1 or Tier 2 wire centers.

   (4) Routine network modifications. (i) An incumbent LEC shall make all
   routine network modifications to unbundled dedicated transport facilities
   used by requesting telecommunications carriers where the requested dedicated
   transport facilities have already been constructed. An incumbent LEC shall
   perform all routine network modifications to unbundled dedicated transport
   facilities in a nondiscriminatory fashion, without regard to whether the
   facility being accessed was constructed on behalf, or in accordance with the
   specifications, of any carrier.

   (ii) A routine network modification is an activity that the incumbent LEC
   regularly undertakes for its own customers. Routine network modifications
   include, but are not limited to, rearranging or splicing of cable; adding an
   equipment case; adding a doubler or repeater; installing a repeater shelf;
   and deploying a new multiplexer or reconfiguring an existing multiplexer.
   They   also   include   activities   needed  to  enable  a  requesting
   telecommunications carrier to light a dark fiber transport facility. Routine
   network modifications may entail activities such as accessing manholes,
   deploying bucket trucks to reach aerial cable, and installing equipment
   casings. Routine network modifications do not include the installation of
   new aerial or buried cable for a requesting telecommunications carrier.

   (f) 911 and E911 databases. An incumbent LEC shall provide a requesting
   telecommunications carrier with nondiscriminatory access to 911 and E911
   databases on an unbundled basis, in accordance with section 251(c)(3) of the
   Act and this part.

   (g) Operations support systems. An incumbent LEC shall provide a requesting
   telecommunications carrier with nondiscriminatory access to operations
   support systems on an unbundled basis, in accordance with section 251(c)(3)
   of the Act and this part. Operations support system functions consist of
   pre-ordering, ordering, provisioning, maintenance and repair, and billing
   functions supported by an incumbent LEC's databases and information. An
   incumbent LEC, as part of its duty to provide access to the pre-ordering
   function, shall provide the requesting telecommunications carrier with
   nondiscriminatory access to the same detailed information about the loop
   that is available to the incumbent LEC.

   [ 68 FR 52295 , Sept. 4, 2003, as amended at  68 FR 64000 , Nov. 12, 2003;  69 FR 54591 , Sept. 9, 2004;  69 FR 77953 , Dec. 29, 2004;  70 FR 8953 , Feb. 24, 2005]