§ 51.325   Notice of network changes: Public notice requirement.

   (a) An incumbent local exchange carrier (“LEC”) must provide public notice
   regarding any network change that:

   (1) Will affect a competing service provider's performance or ability to
   provide service;

   (2) Will affect the incumbent LEC's interoperability with other service
   providers; or

   (3) Will affect the manner in which customer premises equipment is attached
   to the interstate network.

   (4) Will result in the retirement of copper loops or copper subloops, and
   the   replacement  of  such  loops  with  fiber-to-the-home  loops  or
   fiber-to-the-curb loops, as those terms are defined in § 51.319(a)(3).

   (b) For purposes of this section, interoperability means the ability of two
   or more facilities, or networks, to be connected, to exchange information,
   and to use the information that has been exchanged.

   (c) Until public notice has been given in accordance with § § 51.325 through
   51.335, an incumbent LEC may not disclose to separate affiliates, separated
   affiliates,  or  unaffiliated  entities (including actual or potential
   competing service providers or competitors), information about planned
   network changes that are subject to this section.

   (d) For the purposes of § § 51.325 through 51.335, the term services means
   telecommunications services or information services.

   [ 61 FR 47351 , Sept. 6, 1996, as amended at  64 FR 14148 , Mar. 24, 1999;  68 FR 52305 , Sept. 2, 2003;  69 FR 77954 , Dec. 29, 2004]

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