Sec.  51.331   Notice of network changes: Timing of notice.

   (a) An incumbent LEC shall give public notice of planned changes at the
   make/buy point, as defined in paragraph (b) of this section, but at least 12
   months before implementation, except as provided below:

   (1) If the changes can be implemented within twelve months of the make/buy
   point, public notice must be given at the make/buy point, but at least six
   months before implementation.

   (2) If the changes can be implemented within six months of the make/buy
   point,  public  notice  may be given pursuant to the short term notice
   procedures provided in  Sec. 51.333.

   (b) For purposes of this section, the make/buy point is the time at which an
   incumbent LEC decides to make for itself, or to procure from another entity,
   any  product the design of which affects or relies on a new or changed
   network interface. If an incumbent LEC's planned changes do not require it
   to make or to procure a product, then the make/buy point is the point at
   which the incumbent LEC makes a definite decision to implement a network
   change.

   (1) For purposes of this section, a product is any hardware r software for
   use in an incumbent LEC's network or in conjunction with its facilities
   that, when installed, could affect the compatibility of an interconnected
   service provider's network, facilities or services with an incumbent LEC's
   existing  telephone network, facilities or services, or with any of an
   incumbent carrier's services or capabilities.

   (2) For purposes of this section a definite decision is reached when an
   incumbent  LEC  determines that the change is warranted, establishes a
   timetable  for anticipated implementation, and takes any action toward
   implementation of the change within its network.

   (c)  Competing service providers may object to incumbent LEC notice of
   retirement  of  copper  loops  or copper subloops and replacement with
   fiber-to-the-home loops or fiber-to-the-curb loops in the manner set forth
   in  Sec. 51.333(c).

   [ 61 FR 47352 , Sept. 6, 1996, as amended at  68 FR 52305 , Sept. 2, 2003;  69 FR 77954 , Dec. 29, 2004]