§  51.5   Terms and definitions.

   Terms used in this part have the following meanings:

   Act. The Communications Act of 1934, as amended.

   Advanced intelligent network. Advanced intelligent network is a
   telecommunications network architecture in which call processing, call
   routing, and network management are provided by means of centralized
   databases located at points in an incumbent local exchange carrier's
   network.

   Advanced services. The term “advanced services” is defined as high
   speed, switched, broadband, wireline telecommunications capability that
   enables users to originate and receive high-quality voice, data,
   graphics or video telecommunications using any technology.

   Arbitration, final offer. Final offer arbitration is a procedure under
   which each party submits a final offer concerning the issues subject to
   arbitration, and the arbitrator selects, without modification, one of
   the final offers by the parties to the arbitration or portions of both
   such offers. “Entire package final offer arbitration,” is a procedure
   under which the arbitrator must select, without modification, the
   entire proposal submitted by one of the parties to the arbitration.
   “Issue-by-issue final offer arbitration,” is a procedure under which
   the arbitrator must select, without modification, on an issue-by-issue
   basis, one of the proposals submitted by the parties to the
   arbitration.

   Billing. Billing involves the provision of appropriate usage data by
   one telecommunications carrier to another to facilitate customer
   billing with attendant acknowledgements and status reports. It also
   involves the exchange of information between telecommunications
   carriers to process claims and adjustments.

   Binder or binder group. Copper pairs bundled together, generally in
   groups of 25, 50 or 100.

   Business line. A business line is an incumbent LEC-owned switched
   access line used to serve a business customer, whether by the incumbent
   LEC itself or by a competitive LEC that leases the line from the
   incumbent LEC. The number of business lines in a wire center shall
   equal the sum of all incumbent LEC business switched access lines, plus
   the sum of all UNE loops connected to that wire center, including UNE
   loops provisioned in combination with other unbundled elements. Among
   these requirements, business line tallies:

   (1) Shall include only those access lines connecting end-user customers
   with incumbent LEC end-offices for switched services,

   (2) Shall not include non-switched special access lines,

   (3) Shall account for ISDN and other digital access lines by counting
   each 64 kbps-equivalent as one line. For example, a DS1 line
   corresponds to 24 64 kbps-equivalents, and therefore to 24 “business
   lines.”

   Commercial Mobile Radio Service (CMRS). CMRS has the same meaning as
   that term is defined in § 20.3 of this chapter.

   Commingling. Commingling means the connecting, attaching, or otherwise
   linking of an unbundled network element, or a combination of unbundled
   network elements, to one or more facilities or services that a
   requesting telecommunications carrier has obtained at wholesale from an
   incumbent LEC, or the combining of an unbundled network element, or a
   combination of unbundled network elements, with one or more such
   facilities or services. Commingle means the act of commingling.

   Commission. Commission refers to the Federal Communications Commission.

   Day. Day means calendar day.

   Dialing parity. The term dialing parity means that a person that is not
   an affiliate of a local exchange carrier is able to provide
   telecommunications services in such a manner that customers have the
   ability to route automatically, without the use of any access code,
   their telecommunications to the telecommunications service provider of
   the customer's designation from among 2 or more telecommunications
   service providers (including such local exchange carrier).

   Directory assistance service. Directory assistance service includes,
   but is not limited to, making available to customers, upon request,
   information contained in directory listings.

   Directory listings. Directory listings are any information:

   (1) Identifying the listed names of subscribers of a telecommunications
   carrier and such subscriber's telephone numbers, addresses, or primary
   advertising classifications (as such classifications are assigned at
   the time of the establishment of such service), or any combination of
   such listed names, numbers, addresses or classifications; and

   (2) That the telecommunications carrier or an affiliate has published,
   caused to be published, or accepted for publication in any directory
   format.

   Downstream database. A downstream database is a database owned and
   operated by an individual carrier for the purpose of providing number
   portability in conjunction with other functions and services.

   Enhanced extended link. An enhanced extended link or EEL consists of a
   combination of an unbundled loop and unbundled dedicated transport,
   together with any facilities, equipment, or functions necessary to
   combine those network elements.

   Equipment necessary for interconnection or access to unbundled network
   elements. For purposes of section 251(c)(2) of the Act, the equipment
   used to interconnect with an incumbent local exchange carrier's network
   for the transmission and routing of telephone exchange service,
   exchange access service, or both. For the purposes of section 251(c)(3)
   of the Act, the equipment used to gain access to an incumbent local
   exchange carrier's unbundled network elements for the provision of a
   telecommunications service.

   Fiber-based collocator. A fiber-based collocator is any carrier,
   unaffiliated with the incumbent LEC, that maintains a collocation
   arrangement in an incumbent LEC wire center, with active electrical
   power supply, and operates a fiber-optic cable or comparable
   transmission facility that

   (1) Terminates at a collocation arrangement within the wire center;

   (2) Leaves the incumbent LEC wire center premises; and

   (3) Is owned by a party other than the incumbent LEC or any affiliate
   of the incumbent LEC, except as set forth in this paragraph. Dark fiber
   obtained from an incumbent LEC on an indefeasible right of use basis
   shall be treated as non-incumbent LEC fiber-optic cable. Two or more
   affiliated fiber-based collocators in a single wire center shall
   collectively be counted as a single fiber-based collocator. For
   purposes of this paragraph, the term affiliate is defined by 47 U.S.C.
   153(1) and any relevant interpretation in this Title.

   Incumbent Local Exchange Carrier (Incumbent LEC). With respect to an
   area, the local exchange carrier that:

   (1) On February 8, 1996, provided telephone exchange service in such
   area; and

   (2)(i) On February 8, 1996, was deemed to be a member of the exchange
   carrier association pursuant to § 69.601(b) of this chapter; or

   (ii) Is a person or entity that, on or after February 8, 1996, became a
   successor or assign of a member described in paragraph (2)(i) of this
   section.

   Information services. The term information services means the offering
   of a capability for generating, acquiring, storing, transforming,
   processing, retrieving, utilizing, or making available information via
   telecommunications, and includes electronic publishing, but does not
   include any use of any such capability for the management, control, or
   operation of a telecommunications system or the management of a
   telecommunications service.

   Interconnection. Interconnection is the linking of two networks for the
   mutual exchange of traffic. This term does not include the transport
   and termination of traffic.

   Known disturber. An advanced services technology that is prone to cause
   significant interference with other services deployed in the network.

   Intermodal. The term intermodal refers to facilities or technologies
   other than those found in traditional telephone networks, but that are
   utilized to provide competing services. Intermodal facilities or
   technologies include, but are not limited to, traditional or new cable
   plant, wireless technologies, and power line technologies.

   Local Access and Transport Area (LATA). A Local Access and Transport
   Area is a contiguous geographic area—

   (1) Established before February 8, 1996 by a Bell operating company
   such that no exchange area includes points within more than 1
   metropolitan statistical area, consolidated metropolitan statistical
   area, or State, except as expressly permitted under the AT&T Consent
   Decree; or

   (2) Established or modified by a Bell operating company after February
   8, 1996 and approved by the Commission.

   Local Exchange Carrier (LEC). A LEC is any person that is engaged in
   the provision of telephone exchange service or exchange access. Such
   term does not include a person insofar as such person is engaged in the
   provision of a commercial mobile service under section 332(c) of the
   Act, except to the extent that the Commission finds that such service
   should be included in the definition of the such term.

   Maintenance and repair. Maintenance and repair involves the exchange of
   information between telecommunications carriers where one initiates a
   request for maintenance or repair of existing products and services or
   unbundled network elements or combination thereof from the other with
   attendant acknowledgements and status reports.

   Meet point. A meet point is a point of interconnection between two
   networks, designated by two telecommunications carriers, at which one
   carrier's responsibility for service begins and the other carrier's
   responsibility ends.

   Meet point interconnection arrangement. A meet point interconnection
   arrangement is an arrangement by which each telecommunications carrier
   builds and maintains its network to a meet point.

   Mobile wireless service. A mobile wireless service is any mobile
   wireless telecommunications service, including any commercial mobile
   radio service.

   Multi-functional equipment. Multi-functional equipment is equipment
   that combines one or more functions that are necessary for
   interconnection or access to unbundled network elements with one or
   more functions that would not meet that standard as stand-alone
   functions.

   Network element. A network element is a facility or equipment used in
   the provision of a telecommunications service. Such term also includes,
   but is not limited to, features, functions, and capabilities that are
   provided by means of such facility or equipment, including but not
   limited to, subscriber numbers, databases, signaling systems, and
   information sufficient for billing and collection or used in the
   transmission, routing, or other provision of a telecommunications
   service.

   Operator services. Operator services are any automatic or live
   assistance to a consumer to arrange for billing or completion of a
   telephone call. Such services include, but are not limited to, busy
   line verification, emergency interrupt, and operator-assisted directory
   assistance services.

   Physical collocation. Physical collocation is an offering by an
   incumbent LEC that enables a requesting telecommunications carrier to:

   (1) Place its own equipment to be used for interconnection or access to
   unbundled network elements within or upon an incumbent LEC's premises;

   (2) Use such equipment to interconnect with an incumbent LEC's network
   facilities for the transmission and routing of telephone exchange
   service, exchange access service, or both, or to gain access to an
   incumbent LEC's unbundled network elements for the provision of a
   telecommunications service;

   (3) Enter those premises, subject to reasonable terms and conditions,
   to install, maintain, and repair equipment necessary for
   interconnection or access to unbundled elements; and

   (4) Obtain reasonable amounts of space in an incumbent LEC's premises,
   as provided in this part, for the equipment necessary for
   interconnection or access to unbundled elements, allocated on a
   first-come, first-served basis.

   Premises. Premises refers to an incumbent LEC's central offices and
   serving wire centers; all buildings or similar structures owned,
   leased, or otherwise controlled by an incumbent LEC that house its
   network facilities; all structures that house incumbent LEC facilities
   on public rights-of-way, including but not limited to vaults containing
   loop concentrators or similar structures; and all land owned, leased,
   or otherwise controlled by an incumbent LEC that is adjacent to these
   central offices, wire centers, buildings, and structures.

   Pre-ordering and ordering. Pre-ordering and ordering includes the
   exchange of information between telecommunications carriers about:
   current or proposed customer products and services; or unbundled
   network elements, or some combination thereof. This information
   includes loop qualification information, such as the composition of the
   loop material, including but not limited to: fiber optics or copper;
   the existence, location and type of any electronic or other equipment
   on the loop, including but not limited to, digital loop carrier or
   other remote concentration devices, feeder/distribution interfaces,
   bridge taps, load coils, pair-gain devices, disturbers in the same or
   adjacent binder groups; the loop length, including the length and
   location of each type of transmission media; the wire gauge(s) of the
   loop; and the electrical parameters of the loop, which may determine
   the suitability of the loop for various technologies.

   Provisioning. Provisioning involves the exchange of information between
   telecommunications carriers where one executes a request for a set of
   products and services or unbundled network elements or combination
   thereof from the other with attendant acknowledgements and status
   reports.

   Rural telephone company. A rural telephone company is a LEC operating
   entity to the extent that such entity:

   (1) Provides common carrier service to any local exchange carrier study
   area that does not include either:

   (i) Any incorporated place of 10,000 inhabitants or more, or any part
   thereof, based on the most recently available population statistics of
   the Bureau of the Census; or

   (ii) Any territory, incorporated or unincorporated, included in an
   urbanized area, as defined by the Bureau of the Census as of August 10,
   1993;

   (2) Provides telephone exchange service, including exchange access, to
   fewer than 50,000 access lines;

   (3) Provides telephone exchange service to any local exchange carrier
   study area with fewer than 100,000 access lines; or

   (4) Has less than 15 percent of its access lines in communities of more
   than 50,000 on February 8, 1996.

   Service control point. A service control point is a computer database
   in the public switched network which contains information and call
   processing instructions needed to process and complete a telephone
   call.

   Service creation environment. A service creation environment is a
   computer containing generic call processing software that can be
   programmed to create new advanced intelligent network call processing
   services.

   Service provider. A service provider is a provider of
   telecommunications services or a provider of information services.

   Signal transfer point. A signal transfer point is a packet switch that
   acts as a routing hub for a signaling network and transfers messages
   between various points in and among signaling networks.

   State. The term state includes the District of Columbia and the
   Territories and possessions.

   State commission. A state commission means the commission, board, or
   official (by whatever name designated) which under the laws of any
   state has regulatory jurisdiction with respect to intrastate operations
   of carriers. As referenced in this part, this term may include the
   Commission if it assumes responsibility for a proceeding or matter,
   pursuant to section 252(e)(5) of the Act or § 51.320. This term shall
   also include any person or persons to whom the state commission has
   delegated its authority under sections 251 and 252 of the Act and this
   part.

   State proceeding. A state proceeding is any administrative proceeding
   in which a state commission may approve or prescribe rates, terms, and
   conditions including, but not limited to, compulsory arbitration
   pursuant to section 252(b) of the Act, review of a Bell operating
   company statement of generally available terms pursuant to section
   252(f) of the Act, and a proceeding to determine whether to approve or
   reject an agreement adopted by arbitration pursuant to section 252(e)
   of the Act.

   Technically feasible. Interconnection, access to unbundled network
   elements, collocation, and other methods of achieving interconnection
   or access to unbundled network elements at a point in the network shall
   be deemed technically feasible absent technical or operational concerns
   that prevent the fulfillment of a request by a telecommunications
   carrier for such interconnection, access, or methods. A determination
   of technical feasibility does not include consideration of economic,
   accounting, billing, space, or site concerns, except that space and
   site concerns may be considered in circumstances where there is no
   possibility of expanding the space available. The fact that an
   incumbent LEC must modify its facilities or equipment to respond to
   such request does not determine whether satisfying such request is
   technically feasible. An incumbent LEC that claims that it cannot
   satisfy such request because of adverse network reliability impacts
   must prove to the state commission by clear and convincing evidence
   that such interconnection, access, or methods would result in specific
   and significant adverse network reliability impacts.

   Telecommunications carrier. A telecommunications carrier is any
   provider of telecommunications services, except that such term does not
   include aggregators of telecommunications services (as defined in
   section 226 of the Act). A telecommunications carrier shall be treated
   as a common carrier under the Act only to the extent that it is engaged
   in providing telecommunications services, except that the Commission
   shall determine whether the provision of fixed and mobile satellite
   service shall be treated as common carriage. This definition includes
   CMRS providers, interexchange carriers (IXCs) and, to the extent they
   are acting as telecommunications carriers, companies that provide both
   telecommunications and information services. Private Mobile Radio
   Service providers are telecommunications carriers to the extent they
   provide domestic or international telecommunications for a fee directly
   to the public.

   Telecommunications service. The term telecommunications service refers
   to the offering of telecommunications for a fee directly to the public,
   or to such classes of users as to be effectively available directly to
   the public, regardless of the facilities used.

   Telephone exchange service. A telephone exchange service is:

   (1) A service within a telephone exchange, or within a connected system
   of telephone exchanges within the same exchange area operated to
   furnish to subscribers intercommunicating service of the character
   ordinarily furnished by a single exchange, and which is covered by the
   exchange service charge, or

   (2) A comparable service provided through a system of switches,
   transmission equipment, or other facilities (or combination thereof) by
   which a subscriber can originate and terminate a telecommunications
   service.

   Telephone toll service. The term telephone toll service refers to
   telephone service between stations in different exchange areas for
   which there is made a separate charge not included in contracts with
   subscribers for exchange service.

   Unreasonable dialing delay. For the same type of calls, dialing delay
   is “unreasonable” when the dialing delay experienced by the customer of
   a competing provider is greater than that experienced by a customer of
   the LEC providing dialing parity, or nondiscriminatory access to
   operator services or directory assistance.

   Triennial Review Order. The Triennial Review Order means the
   Commission's Report and Order and Order on Remand and Further Notice of
   Proposed Rulemaking in CC Docket Nos. 01–338, 96–98, and 98–147.

   Triennial Review Remand Order. The Triennial Review Remand Order is the
   Commission's Order on Remand in CC Docket Nos. 01–338 and 04–313
   (released February 4, 2005).

   Virtual collocation. Virtual collocation is an offering by an incumbent
   LEC that enables a requesting telecommunications carrier to:

   (1) Designate or specify equipment to be used for interconnection or
   access to unbundled network elements to be located within or upon an
   incumbent LEC's premises, and dedicated to such telecommunications
   carrier's use;

   (2) Use such equipment to interconnect with an incumbent LEC's network
   facilities for the transmission and routing of telephone exchange
   service, exchange access service, or both, or for access to an
   incumbent LEC's unbundled network elements for the provision of a
   telecommunications service; and

   (3) Electronically monitor and control its communications channels
   terminating in such equipment.

   Wire center. A wire center is the location of an incumbent LEC local
   switching facility containing one or more central offices, as defined
   in the Appendix to part 36 of this chapter. The wire center boundaries
   define the area in which all customers served by a given wire center
   are located.

   [ 61 FR 45619 , Aug. 29, 1996, as amended at  61 FR 47348 , Sept. 6, 1996;
    64 FR 23241 , Apr. 30, 1999;  65 FR 1344 , Jan. 10, 2000;  65 FR 2550 , Jan.
   18, 2000;  65 FR 54438 , Sept. 8, 2000;  66 FR 43521 , Aug. 20, 2001;  68 FR 52293 , Sept. 2, 2003;  70 FR 8952 , Feb. 24, 2005]

Subpart B—Telecommunications Carriers