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Amended Parts 32, 51 and 69 of the Commission's Rules

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Released: October 10, 2012

Federal Communications Commission

DA 12-1552

Before the

Federal Communications Commission

Washington, D.C. 20554

In the matter of
)
)

Amendment of Parts 32, 51, and 69 of the
)
Commission’s Rules
)
)

ORDER

Adopted: October 10, 2012

Released: October 10, 2012

By the Managing Director, Office of Managing Director:
1.
In this Order, we make a number of nonsubstantive, editorial or conforming revisions to
Parts 32, 51 and 69 of the Commission’s rules.1 We make these revisions to delete certain rule provisions
that are without current legal effect or are otherwise obsolete. These nonsubstantive revisions are part of
the Commission’s ongoing examination and improvement of FCC processes and procedures. The
revisions clarify, simplify, and harmonize our rules, making the rules more readily accessible to the public
and avoiding potential confusion for interested parties and Commission staff alike. The revisions and the
specific reasons we are adopting each one are set forth below.
2.
Part 32, Subpart C, Instructions for Balance Sheet Accounts. This Order amends Part 32,
Subpart C, Instructions for Balance Sheet Accounts, to delete section 32.2321, which is obsolete. Section
32.2321 creates an account in the Uniform System of Accounts for incumbent local exchange carriers’
(incumbent LECs’) embedded customer premises wiring that was capitalized prior to October 1, 1984.
By Commission order, the full amortization of all inside wiring was to be completed by September 30,
19942 and therefore the rule has no further applicability.
3. Part 51, Subpart D, Additional Obligations of Incumbent Local Exchange Carriers. This
Order amends rules in Part 51, Subpart D, Additional Obligations of Incumbent Local Exchange Carriers,
which, among other things, establishes a list of unbundled network elements (UNEs) that are subject to
the unbundling rules adopted in the Commission’s Triennial Review proceedings,3 and the terms for
unbundling these network elements. Specifically, this Order makes the following deletions or


1 47 C.F.R. Pts. 32, 51, and 69.
2 Amendment of Part 31, Uniform System of Accounts for Class A and Class B Telephone Companies, of the
Commission's Rules and Regulations with respect to accounting for station connections, optional payment plan
revenues and related capital costs, customer provided equipment and sale of terminal equipment
, CC Docket No.
79–105, First Report and Order, 85 FCC 2d 818, paras. 34-35 (1981).
3 See generally Review of Section 251 Unbundling Obligations of Local Exchange Carriers, Implementation of the
Local Competition Provisions of the Telecommunications Act of 1996; Deployment of Wireline Services Offering
Advanced Telecommunications Capability
, CC Docket Nos. 01-338, 96-98, 98-147, Report and Order and Order on
Remand and Further Notice of Proposed Rulemaking, 18 FCC Rcd 16978, 17141, 17146-48, paras. 271, 281-84
(2003) (Triennial Review Order), corrected by Errata, 18 FCC Rcd 19020 (2003) (Triennial Review Order Errata),
aff’d in part, vacated and remanded in part, United States Telecom Ass’n v. FCC, 359 F.3d 554 (D.C. Cir. 2004)
(USTA II); Unbundled Access to Network Elements, 20 FCC Rcd 2533 (2005) (Triennial Review Remand Order),
pet. for review denied, Covad Communications Co. v. FCC, 450 F. 3d 528 (D.C. Cir. 2006).

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amendments to Part 51 rules that refer to UNEs that are no longer subject to unbundling as a result of
decisions in the Triennial Review proceedings or expired transition periods:
·
This Order deletes section 51.319(a)(1)(i), which references “line sharing” as a UNE that is
subject to unbundling, to conform to judicial decision.4 The definition of “high-frequency
portion of the loop” in section 51.319(a)(1)(i) has continuing relevance for the Commission’s
unbundling requirements, specifically with regard to line splitting under section 51.319(a)(1)(ii).
Accordingly, in deleting section 51.319(a)(1)(i), this order moves the definition of “high-
frequency portion of the loop” to the end of section 51.319(a)(1)(ii) and redesignates sections
51.319(a)(1)(ii) through 51.319(a)(1)(v) as sections 51.319(a)(1)(i) through 51.319(a)(1)(iv).
This Order also deletes the reference to unbundled “local circuit switching” in section
51.319(a)(1)(ii) (redesignated as section 51.319(a)(1)(i)), to implement the Triennial Review
Remand Order
.5
·
This Order deletes references to “the high-frequency portion of the copper loop” in section
51.319(a)(1)(iii) (redesignated as section 51.319(a)(1)(ii)), to conform to judicial decision.6
·
This Order deletes sections 51.319(a)(1)(iii)(D) & (E) to conform to judicial decision.7
·
This Order amends section 51.319(a)(1)(v) (redesignated as 51.319(a)(1)(iv)) to delete the
reference to “line sharing,” to conform to judicial decision.8
·
This Order deletes a reference in section 51.319(a)(7)(ii) to network modifications that would
enable a requesting telecommunications carrier to obtain access to a dark fiber loop. This
deletion reflects the fact that the Commission previously eliminated the requirement to make
dark fiber loops available as unbundled network elements.9
·
This Order deletes section 51.319(d) to conform to judicial decision,10 redesignates sections
51.319(e) through (g) as sections 51.319(d) through (f)), and amends all internal cross-references
to reflect these redesignations.
·
This Order deletes sections 51.319(a)(4)(iii), 51.319(a)(5)(iii), 51.319(a)(6)(ii),
51.319(e)(2)(ii)(C), 51.319(e)(2)(iii)(C), and 51.319(e)(2)(iv)(B), all of which establish transition


4 See United States Telecom Ass’n v. FCC, 290 F.3d 415, 428-29 (2002) (USTA I) (vacating the Commission’s
decision to provide CLECs with unbundled access to the high frequency portion of copper loops to provide
broadband DSL services, primarily because the Commission had failed to consider the relevance of intermodal
competition in the broadband market); see also USTA II, 359 F.3d at 584-85 (affirming the Commission’s decision
that line sharing need not be offered as UNEs).
5 See Triennial Review Remand Order, 20 FCC Rcd at 2644-2661, paras. 204-28 (deciding not to unbundle local
circuit switching under section 251(c)(3) and adopting a transition plan).
6 See note 4, supra (citing the court’s vacation of the Commission’s line-sharing rules).
7 Id.
8 Id.
9 Unbundled Access to Network Elements, Review of the Section 251 Unbundling Obligations of Incumbent Local
Exchange Carriers
, WC Docket No. 04-313, CC Docket No. 01-338, Order on Remand, 20 FCC Rcd 2533, 2614-
15, 2633-34 (2005) (finding that requesting carriers are not impaired on a nationwide basis without access to
unbundled dark fiber loops because the barriers to entry relating to the deployment of dark fiber loops can be
overcome through self-deployment of lit facilities).
10 See note 5, supra (citing the court’s rejection of the Commission’s analysis supporting unbundled switching).
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periods that have expired. In addition, this Order revises section 51.319(a)(6)(i) to designate that
section as section 51.319(a)(6), and restructures 51.319(e)(2)(iv), redesignated as
51.319(d)(2)(iv), to eliminate section 51.319(e)(2)(iv)(A) as a separate section and to consolidate
its text into redesignated section 51.319(d)(2)(iv).
4.
Part 69, Access Charges. This Order amends Part 69, Access Charges, to delete
references to section 54.303, Long Term Support, which the Commission deleted in the USF/ICC
Transformation Order
.11 Specifically, this Order amends section 69.415(c) to remove references to
section 54.303 and “long term support,” deletes section 69.2(y) and section 69.502(c), which reference
54.303, and redesignates sections 69.502(d) and (e) as sections 69.502(c) and (d), respectively.
5.
The rule amendments adopted in this Order and set forth in the attached Appendix are
nonsubstantive, editorial revisions of the rules pursuant to 47 C.F.R. § 0.231(b). These revisions delete
rule provisions that are without current legal effect or are otherwise obsolete, and delete references to
obsolete rules and statutes. Accordingly, we find good cause to conclude that notice and comment
procedures are unnecessary and would not serve any useful purpose.12 For the same reason, we also find
good cause to make these nonsubstantive, editorial revisions of the rules effective upon publication in the
Federal Register.13
6.
Because we adopt this Order without notice and comment, the Regulatory Flexibility
Act14 does not apply.
7.
The rules contained herein have been analyzed with respect to the Paperwork Reduction
Act of 1995 and found to contain no new or modified form, information collection, and/or recordkeeping,
labeling, disclosure, or record retention requirements, and will not increase or decrease burden hours
imposed on the public.15 In addition, therefore, this Order does not contain any new or modified
“information collection burden for small business concerns with fewer than 25 employees,” pursuant to
the Small Business Paperwork Relief Act of 2002.16 The Commission will send a copy of the Order in a
report to Congress and the Government Accountability Office pursuant to the Congressional Review
Act.17
8.
For further information, contact Kirk Burgee, FCC Wireline Competition Bureau, Front
Office, Room 5-C441, 445 12th Street, S.W., Washington, D.C. 20554, (202) 418-1500,
kirk.burgee@fcc.gov.
9.
Accordingly,

IT IS ORDERED THAT

, effective upon publication in the Federal
Register, Parts 32, 51, and 69 of the Commission’s rules

ARE AMENDED

, as set forth in the attached
Appendix, pursuant to the authority contained in sections 4(i), 5(c), and 303(r) of the Communications
Act, 47 U.S.C. §§ 154(i), 155(c), and 303(r), and section 0.231(b) of the Commission’s regulations, 47
C.F.R. § 0.231(b).


11 See Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed
Rulemaking, 26 FCC Rcd 17663, 17872, para. 647 (2011) (USF/ICC Transformation Order); pets. for review
pending sub nom. In re: FCC
, No. 11-9900 (10th Cir. filed Dec. 8, 2011).
12 See 5 U.S.C. § 553(b)(3)(B).
13 See 5 U.S.C. § 553(d)(3).
14 5 U.S.C. §§ 601, et seq.
15 See Pub. L. No. 104-13, 44 U.S.C. §§ 3501, et seq.
16 See Pub. L. No. 107-198, 44 U.S.C. § 3506(c)(4).
17 See 5 U.S.C. § 801(a)(1)(A).
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10.
IT IS FURTHER ORDERED that the Secretary shall cause a copy of this Order to be
published in the Federal Register.
FEDERAL COMMUNICATIONS COMMISSION
David Robbins
Managing Director
Approved by:
Julie Veach
Chief, Wireline Competition Bureau
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APPENDIX

Final Rules

Parts 32, 51 and 69 of Title 47 of the Code of Federal Regulations are amended as follows:
PART 32 -- UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS COMPANIES
1.
The authority citation for part 32 continues to read as follows:
Authority:
47 U.S.C. 154(i), 154(j) and 220 as amended.
§ 32.2321 [Removed]
2.
Remove § 32.2321.
PART 51 — INTERCONNECTION
3.
The authority citation for part 51 continues to read as follows:
Authority:
Sections 1–5, 7, 201–05, 207–09, 218, 225–27, 251–54, 256, 271, 303(r), 332, 48 Stat.
1070, as amended, 1077; 47 U.S.C. 151–55, 157, 201–05, 207–09, 218, 225–27, 251–54, 256, 271,
303(r), 332, 47 U.S.C. 157 note.
4.
Amend § 51.319 by revising paragraph (a), removing paragraph (d) and redesignating paragraphs
(e) through (g) as paragraphs (d) through (f) and revise newly redesignated paragraphs (d) through (f) to
read as follows:
§ 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.
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(i) 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. 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) An incumbent LEC's obligation, under paragraph (a)(1)(i) 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 from the
incumbent LEC.
(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.
(ii) 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 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, 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 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 §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.
(iii) 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.
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(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.
(iv) 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 through a 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 §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
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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 §51.325 through
§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.
(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
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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.
(6) Dark fiber loops. 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.
(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. 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.
*****
(d) 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 (d) through (d)(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,
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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 (d)(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.
(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 (d)(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.
(iv) Dark fiber transport. Dark fiber transport consists of unactivated optical interoffice transmission
facilities. Incumbent LECs shall unbundle dark fiber transport between any pair of incumbent LEC wire
centers except where, through application of tier classifications described in paragraph (d)(3) of this
section, both wire centers defining the route are either Tier 1 or Tier 2 wire centers. 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.
(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.
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(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.
(e) 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.
*****
PART 69 – ACCESS CHARGES
5.
The authority citation for Part 69 continues to read as follows:
Authority: 47 U.S.C. 154, 201, 202, 203, 205, 218, 220, 254, 403.
§ 69.2 [Removed and Reserved]
6.
Remove and reserve § 69.2(y).
7.
Amend § 69.415 by revising paragraph (c)(4) to read as follows:
§ 69.415 Reallocation of certain transport expenses.
*****
(c) ***
(4) The common line revenue requirement shall include Interstate Common Line Support as provided in
§54.901 of this chapter.
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8.
Amend § 69.502 by removing paragraph (c) and redesignating paragraphs (d) and (e) as
paragraphs (c) and (d), respectively.
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