Sec.  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  Sec. 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  Sec. 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  Sec. 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