Sec.  69.713   Common line, traffic-sensitive, and tandem-switched transport
services.

   (a) Scope. This paragraph governs requests for pricing flexibility with
   respect to the following services:

   (1) Common line services, as described in  Sec.  Sec. 69.152, 69.153, and 69.154.

   (2) Services in the traffic-sensitive basket, as described in  Sec. 61.42(d)(2)
   of this chapter.

   (3) The traffic-sensitive components of tandem-switched transport services,
   as described in  Sec.  Sec. 69.111(a)(2)(i) and (ii).

   (b)  Phase  I  triggers. (1) To obtain Phase I pricing flexibility, as
   specified in  Sec. 69.727(a), for the services identified in paragraph (a) of
   this section, a price cap LEC must provide convincing evidence that, in the
   relevant area as described in  Sec. 69.707, its unaffiliated competitors, in
   aggregate, offer service to at least 15 percent of the price cap LEC's
   customer locations.

   (2)  For  purposes of the showing required by paragraph (b)(1) of this
   section, the price cap LEC may not rely on service the competitors provide
   solely  by  reselling the price cap LEC's services, or provide through
   unbundled network elements as defined in  Sec. 51.5 of this chapter, except that
   the price cap LEC may rely on service the competitors provide through the
   use of the price cap LEC's unbundled loops.

   (c) [Reserved]