§  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.

   (i) Line sharing. Beginning on the effective date of the Commission's
   Triennial Review Order, the high frequency portion of a copper loop
   shall no longer be required to be provided as an unbundled network
   element, subject to the transitional line sharing conditions in
   paragraphs (a)(1)(i)(A) and (a)(1)(i)(B) of this section. Line sharing
   is the process by which a requesting telecommunications carrier
   provides digital subscriber line service over the same copper loop that
   the incumbent LEC uses to provide voice service, with the incumbent LEC
   using the low frequency portion of the loop and the requesting
   telecommunications carrier using the high frequency portion of the
   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) Line sharing customers before the effective date of the
   Commission's Triennial Review Order. An incumbent LEC shall provide a
   requesting telecommunications carrier with the ability to engage in
   line sharing over a copper loop where, prior to the effective date of
   the Commission's Triennial Review Order, the requesting
   telecommunications carrier began providing digital subscriber line
   service to a particular end-user customer and has not ceased providing
   digital subscriber line service to that customer. Until such end-user
   customer cancels or otherwise discontinues its subscription to the
   digital subscriber line service of the requesting telecommunications
   carrier, or its successor or assign, an incumbent LEC shall continue to
   provide access to the high frequency portion of the loop at the same
   rate that the incumbent LEC charged for such access prior to the
   effective date of the Commission's Triennial Review Order.

   (B) Line sharing customers on or after the effective date of the
   Commission's Triennial Review Order. An incumbent LEC shall provide a
   requesting telecommunications carrier with the ability to engage in
   line sharing over a copper loop, between the effective date of the
   Commission's Triennial Review Order and three years after that
   effective date, where the requesting telecommunications carrier began
   providing digital subscriber line service to a particular end-user
   customer on or before the date one year after that effective date.
   Beginning three years after the effective date of the Commission's
   Triennial Review Order, the incumbent LEC is no longer required to
   provide a requesting telecommunications carrier with the ability to
   engage in line sharing for this end-user customer or any new end-user
   customer. Between the effective date of the Commission's Triennial
   Review Order and three years after that effective date, an incumbent
   LEC shall provide a requesting telecommunications carrier with access
   to the high frequency portion of a copper loop in order to serve line
   sharing customers obtained between the effective date of the
   Commission's Triennial Review Order and one year after that effective
   date in the following manner:

   ( 1 ) During the first year following the effective date of the
   Commission's Triennial Review Order, the incumbent LEC shall provide
   access to the high frequency portion of a copper loop at 25 percent of
   the state-approved monthly recurring rate, or 25 percent of the monthly
   recurring rate set forth in the incumbent LEC's and requesting
   telecommunications carrier's interconnection agreement, for access to a
   copper loop in effect on that date.

   ( 2 ) Beginning one year plus one day after the effective date of the
   Commission's Triennial Review Order until two years after that
   effective date, the incumbent LEC shall provide access to the high
   frequency portion of a copper loop at 50 percent of the state-approved
   monthly recurring rate, or 50 percent of the monthly recurring rate set
   forth in the incumbent LEC's and requesting telecommunications
   carrier's interconnection agreement, for access to a copper loop in
   effect on the effective date of the Commission's Triennial Review
   Order.

   ( 3 ) Beginning two years plus one day after effective date of the
   Commission's Triennial Review Order until three years after that
   effective date, the incumbent LEC shall provide access to the high
   frequency portion of a copper loop at 75 percent of the state-approved
   monthly recurring rate, or 75 percent of the monthly recurring rate set
   forth in the incumbent LEC's and requesting telecommunications
   carrier's interconnection agreement, for access to a copper loop in
   effect on the effective date of the Commission's Triennial Review
   Order.

   (ii) 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.

   (A) An incumbent LEC's obligation, under paragraph (a)(1)(ii) 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 as an unbundled network element pursuant to
   paragraph (d) of this section.

   (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.

   (iii) 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, the high frequency portion of a
   copper loop under paragraph (a)(1)(i) 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, including those provided over the high frequency portion
   of the copper loop or copper subloop, 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, the high
   frequency portion of 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.

   (D) Where the requesting telecommunications carrier is seeking access
   to the high frequency portion of a copper loop or copper subloop
   pursuant to paragraphs (a) or (b) of this section and the incumbent LEC
   claims that conditioning that loop or subloop will significantly
   degrade, as defined in § 51.233, the voiceband services that the
   incumbent LEC is currently providing over that loop or subloop, the
   incumbent LEC must either:

   ( 1 ) Locate another copper loop or copper subloop that has been or can
   be conditioned, migrate the incumbent LEC's voiceband service to that
   loop or subloop, and provide the requesting telecommunications carrier
   with access to the high frequency portion of that alternative loop or
   subloop; or

   ( 2 ) Make a showing to the state commission that the original copper
   loop or copper subloop cannot be conditioned without significantly
   degrading voiceband services on that loop or subloop, as defined in
   § 51.233, and that there is no adjacent or alternative copper loop or
   copper subloop available that can be conditioned or to which the
   end-user customer's voiceband service can be moved to enable line
   sharing.

   (E) If, after evaluating the incumbent LEC's showing under paragraph
   (a)(1)(iii)(D)( 2 ) of this section, the state commission concludes
   that a copper loop or copper subloop cannot be conditioned without
   significantly degrading the voiceband service, the incumbent LEC cannot
   then or subsequently condition that loop or subloop to provide advanced
   services to its own customers without first making available to any
   requesting telecommunications carrier the high frequency portion of the
   newly conditioned loop or subloop.

   (iv) 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.

   (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.

   (v) 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 either through a line sharing or
   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 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.

   (iii) Transition period for DS1 loop circuits. For a 12-month period
   beginning on the effective date of the Triennial Review Remand Order,
   any DS1 loop UNEs that a competitive LEC leases from the incumbent LEC
   as of that date, but which the incumbent LEC is not obligated to
   unbundle pursuant to paragraphs (a)(4)(i) or (a)(4)(ii) of this
   section, shall be available for lease from the incumbent LEC at a rate
   equal to the higher of 115% of the rate the requesting carrier paid for
   the loop element on June 15, 2004, or, 115% of the rate the state
   commission has established or establishes, if any, between June 16,
   2004, and the effective date of the Triennial Review Remand Order, for
   that loop element. Where incumbent LECs are not required to provide
   unbundled DS1 loops pursuant to paragraphs (a)(4)(i) or (a)(4)(ii) of
   this section, requesting carriers may not obtain new DS1 loops as
   unbundled network elements.

   (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 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.

   (iii) Transition period for DS3 loop circuits. For a 12-month period
   beginning on the effective date of the Triennial Review Remand Order,
   any DS3 loop UNEs that a competitive LEC leases from the incumbent LEC
   as of that date, but which the incumbent LEC is not obligated to
   unbundle pursuant to paragraphs (a)(5)(i) or (a)(5)(ii) of this
   section, shall be available for lease from the incumbent LEC at a rate
   equal to the higher of 115% of the rate the requesting carrier paid for
   the loop element on June 15, 2004, or, 115% of the rate the state
   commission has established or establishes, if any, between June 16,
   2004, and the effective date of the Triennial Review Remand Order, for
   that loop element. Where incumbent LECs are not required to provide
   unbundled DS3 loops pursuant to paragraphs (a)(5)(i) or (a)(5)(ii) of
   this section, requesting carriers may not obtain new DS3 loops as
   unbundled network elements.

   (6) Dark fiber loops. (i) 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.

   (ii) Transition period for dark fiber loop circuits. For an 18-month
   period beginning on the effective date of the Triennial Review Remand
   Order, any dark fiber loop UNEs that a competitive LEC leases from the
   incumbent LEC as of that date shall be available for lease from the
   incumbent LEC at a rate equal to the higher of 115% of the rate the
   requesting carrier paid for the loop element on June 15, 2004, or, 115%
   of the rate the state commission has established or establishes, if
   any, between June 16, 2004, and the effective date of the Triennial
   Review Remand Order, for that loop element. Requesting carriers may not
   obtain new dark fiber loops as unbundled network elements.

   (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. They also include activities needed to enable a requesting
   telecommunications carrier to obtain access to a dark fiber loop.
   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.

   (b) Subloops. An incumbent LEC shall provide a requesting
   telecommunications carrier with nondiscriminatory access to subloops on
   an unbundled basis in accordance with section 251(c)(3) of the Act and
   this part and as set forth in paragraph (b) of this section.

   (1) Copper subloops. An incumbent LEC shall provide a requesting
   telecommunications carrier with nondiscriminatory access to a copper
   subloop on an unbundled basis. A copper subloop is a portion of a
   copper loop, or hybrid loop, comprised entirely of copper wire or
   copper cable that acts as a transmission facility between any point of
   technically feasible access in an incumbent LEC's outside plant,
   including inside wire owned or controlled by the incumbent LEC, and the
   end-user customer premises. A copper subloop includes all intermediate
   devices (including repeaters and load coils) used to establish a
   transmission path between a point of technically feasible access and
   the demarcation point at the end-user customer premises, and includes
   the features, functions, and capabilities of the copper loop. Copper
   subloops include two-wire and four-wire analog voice-grade subloops as
   well as two-wire and four-wire subloops conditioned to transmit the
   digital signals needed to provide digital subscriber line services,
   regardless of whether the subloops are in service or held as spares.

   (i) Point of technically feasible access. A point of technically
   feasible access is any point in the incumbent LEC's outside plant where
   a technician can access the copper wire within a cable without removing
   a splice case. Such points include, but are not limited to, a pole or
   pedestal, the serving area interface, the network interface device, the
   minimum point of entry, any remote terminal, and the
   feeder/distribution interface. An incumbent LEC shall, upon a
   site-specific request, provide access to a copper subloop at a splice
   near a remote terminal. The incumbent LEC shall be compensated for
   providing this access in accordance with § § 51.501 through 51.515.

   (ii) Rules for collocation. Access to the copper subloop is subject to
   the Commission's collocation rules at § § 51.321 and 51.323.

   (2) Subloops for access to multiunit premises wiring. An incumbent LEC
   shall provide a requesting telecommunications carrier with
   nondiscriminatory access to the subloop for access to multiunit
   premises wiring on an unbundled basis regardless of the capacity level
   or type of loop that the requesting telecommunications carrier seeks to
   provision for its customer. The subloop for access to multiunit
   premises wiring is defined as any portion of the loop that it is
   technically feasible to access at a terminal in the incumbent LEC's
   outside plant at or near a multiunit premises. One category of this
   subloop is inside wire, which is defined for purposes of this section
   as all loop plant owned or controlled by the incumbent LEC at a
   multiunit customer premises between the minimum point of entry as
   defined in § 68.105 of this chapter and the point of demarcation of the
   incumbent LEC's network as defined in § 68.3 of this chapter.

   (i) Point of technically feasible access. A point of technically
   feasible access is any point in the incumbent LEC's outside plant at or
   near a multiunit premises where a technician can access the wire or
   fiber within the cable without removing a splice case to reach the wire
   or fiber within to access the wiring in the multiunit premises. Such
   points include, but are not limited to, a pole or pedestal, the network
   interface device, the minimum point of entry, the single point of
   interconnection, and the feeder/distribution interface.

   (ii) Single point of interconnection. Upon notification by a requesting
   telecommunications carrier that it requests interconnection at a
   multiunit premises where the incumbent LEC owns, controls, or leases
   wiring, the incumbent LEC shall provide a single point of
   interconnection that is suitable for use by multiple carriers. This
   obligation is in addition to the incumbent LEC's obligations, under
   paragraph (b)(2) of this section, to provide nondiscriminatory access
   to a subloop for access to multiunit premises wiring, including any
   inside wire, at any technically feasible point. If the parties are
   unable to negotiate rates, terms, and conditions under which the
   incumbent LEC will provide this single point of interconnection, then
   any issues in dispute regarding this obligation shall be resolved in
   state proceedings under section 252 of the Act.

   (3) Other subloop provisions —(i) Technical feasibility. If parties are
   unable to reach agreement through voluntary negotiations as to whether
   it is technically feasible, or whether sufficient space is available,
   to unbundle a copper subloop or subloop for access to multiunit
   premises wiring at the point where a telecommunications carrier
   requests, the incumbent LEC shall have the burden of demonstrating to
   the state commission, in state proceedings under section 252 of the
   Act, that there is not sufficient space available, or that it is not
   technically feasible to unbundle the subloop at the point requested.

   (ii) Best practices. Once one state commission has determined that it
   is technically feasible to unbundle subloops at a designated point, an
   incumbent LEC in any state shall have the burden of demonstrating to
   the state commission, in state proceedings under section 252 of the
   Act, that it is not technically feasible, or that sufficient space is
   not available, to unbundle its own loops at such a point.

   (c) Network interface device. Apart from its obligation to provide the
   network interface device functionality as part of an unbundled loop or
   subloop, an incumbent LEC also shall provide nondiscriminatory access
   to the network interface device on an unbundled basis, in accordance
   with section 251(c)(3) of the Act and this part. The network interface
   device element is a stand-alone network element and is defined as any
   means of interconnection of customer premises wiring to the incumbent
   LEC's distribution plant, such as a cross-connect device used for that
   purpose. An incumbent LEC shall permit a requesting telecommunications
   carrier to connect its own loop facilities to on-premises wiring
   through the incumbent LEC's network interface device, or at any other
   technically feasible point.

   (d) Local circuit switching. An incumbent LEC shall provide a
   requesting telecommunications carrier with nondiscriminatory access to
   local circuit switching, including tandem switching, on an unbundled
   basis, in accordance with section 251(c)(3) of the Act and this part
   and as set forth in paragraph (d) of this section.

   (1) Definition. Local circuit switching is defined as follows:

   (i) Local circuit switching encompasses all line-side and trunk-side
   facilities, plus the features, functions, and capabilities of the
   switch. The features, functions, and capabilities of the switch shall
   include the basic switching function of connecting lines to lines,
   lines to trunks, trunks to lines, and trunks to trunks.

   (ii) Local circuit switching includes all vertical features that the
   switch is capable of providing, including custom calling, custom local
   area signaling services features, and Centrex, as well as any
   technically feasible customized routing functions.

   (2) DS0 capacity (i.e., mass market) determinations. (i) An incumbent
   LEC is not required to provide access to local circuit switching on an
   unbundled basis to requesting telecommunications carriers for the
   purpose of serving end-user customers using DS0 capacity loops.

   (ii) Each requesting telecommunications carrier shall migrate its
   embedded base of end-user customers off of the unbundled local circuit
   switching element to an alternative arrangement within 12 months of the
   effective date of the Triennial Review Remand Order.

   (iii) Notwithstanding paragraph (d)(2)(i) of this section, for a
   12-month period from the effective date of the Triennial Review Remand
   Order, an incumbent LEC shall provide access to local circuit switching
   on an unbundled basis for a requesting carrier to serve its embedded
   base of end-user customers. The price for unbundled local circuit
   switching in combination with unbundled DS0 capacity loops and shared
   transport obtained pursuant to this paragraph shall be the higher of
   the rate at which the requesting carrier obtained that combination of
   network elements on June 15, 2004 plus one dollar, or, the rate the
   state public utility commission establishes, if any, between June 16,
   2004, and the effective date of the Triennial Review Remand Order, for
   that combination of network elements, plus one dollar. Requesting
   carriers may not obtain new local switching as an unbundled network
   element.

   (3) DS1 capacity and above (i.e., enterprise market) determinations. An
   incumbent LEC is not required to provide access to local circuit
   switching on an unbundled basis to requesting telecommunications
   carriers for the purpose of serving end-user customers using DS1
   capacity and above loops except where the state commission petitions
   this Commission for waiver of this finding in accordance with the
   conditions set forth in paragraph (d)(3)(i) of this section and the
   Commission grants such waiver.

   (i) State commission inquiry. In its petition, a state commission
   wishing to rebut the Commission's finding should petition the
   Commission to show that requesting telecommunications carriers are
   impaired without access to local circuit switching to serve end users
   using DS1 capacity and above loops in a particular geographic market as
   defined in accordance with paragraph (d)(2)(i) of this section if it
   finds that operational or economic barriers exist in that market.

   (A) In making this showing, the state commission shall consider the
   following operational characteristics: incumbent LEC performance in
   provisioning loops; difficulties associated with obtaining collocation
   space due to lack of space or delays in provisioning by the incumbent
   LEC; and the difficulties associated with obtaining cross-connects in
   the incumbent LEC's wire center.

   (B) In making this showing, the state commission shall consider the
   following economic characteristics: the cost of entry into a particular
   market, including those caused by both operational and economic
   barriers to entry; requesting telecommunications carriers' potential
   revenues from serving enterprise customers in that market, including
   all likely revenues to be gained from entering that market; the prices
   requesting telecommunications carriers are likely to be able to charge
   in that market, based on a consideration of the prevailing retail rates
   the incumbent LEC charges to the different classes of customers in the
   different parts of the state.

   (ii) Transitional four-line carve-out. Until the state commission
   completes the review described in paragraph (b)(2)(iii)(B)( 4 ) of this
   section, an incumbent LEC shall comply with the four-line “carve-out”
   for unbundled switching established in Implementation of the Local
   Competition Provisions of the Telecommunications Act of 1996, CC Docket
   No. 96–98, Third Report and Order and Fourth Further Notice of Proposed
   Rulemaking, 15 FCC Rcd 3822–31, paras. 276–98 (1999), reversed and
   remanded in part sub. nom. United States Telecom Ass'n v. FCC, 290 F.3d
   415 (D.C. Cir. 2002).

   (A) DS1 capacity and above end-user transition. Each requesting
   telecommunications carrier shall transfer its end-user customers served
   using DS1 and above capacity loops and unbundled local circuit
   switching to an alternative arrangement within 90 days from the end of
   the 90-day state commission consideration period set forth in paragraph
   (d)(5)(i), unless a longer period is necessary to comply with a “change
   of law” provision in an applicable interconnection agreement.

   (4) Other elements to be unbundled. Elements relating to the local
   circuit switching element shall be made available on an unbundled basis
   to a requesting carrier to the extent that the requesting carrier is
   entitled to unbundled local circuit switching as set forth in paragraph
   (d)(2) of this section.

   (i) An incumbent LEC shall provide a requesting telecommunications
   carrier with nondiscriminatory access to signaling, call-related
   databases, and shared transport facilities on an unbundled basis, in
   accordance with section 251(c)(3) of the Act and this part, to the
   extent that local circuit switching is required to be made available
   pursuant to paragraph (d)(2)(iii) of this section. These elements are
   defined as follows:

   (A) Signaling networks. Signaling networks include, but are not limited
   to, signaling links and signaling transfer points.

   (B) Call-related databases. Call-related databases are defined as
   databases, other than operations support systems, that are used in
   signaling networks for billing and collection, or the transmission,
   routing, or other provision of a telecommunications service. Where a
   requesting telecommunications carrier purchases unbundled local circuit
   switching from an incumbent LEC, an incumbent LEC shall allow a
   requesting telecommunications carrier to use the incumbent LEC's
   service control point element in the same manner, and via the same
   signaling links, as the incumbent LEC itself.

   ( 1 ) Call-related databases include, but are not limited to, the
   calling name database, 911 database, E911 database, line information
   database, toll free calling database, advanced intelligent network
   databases, and downstream number portability databases by means of
   physical access at the signaling transfer point linked to the unbundled
   databases.

   ( 2 ) Service management systems are defined as computer databases or
   systems not part of the public switched network that interconnect to
   the service control point and send to the service control point
   information and call processing instructions needed for a network
   switch to process and complete a telephone call, and provide a
   telecommunications carrier with the capability of entering and storing
   data regarding the processing and completing of a telephone call. Where
   a requesting telecommunications carrier purchases unbundled local
   circuit switching from an incumbent LEC, the incumbent LEC shall allow
   a requesting telecommunications carrier to use the incumbent LEC's
   service management systems by providing a requesting telecommunications
   carrier with the information necessary to enter correctly, or format
   for entry, the information relevant for input into the incumbent LEC's
   service management system, including access to design, create, test,
   and deploy advanced intelligent network-based services at the service
   management system, through a service creation environment, that the
   incumbent LEC provides to itself.

   ( 3 ) An incumbent LEC shall not be required to unbundle the services
   created in the advanced intelligent network platform and architecture
   that qualify for proprietary treatment.

   (C) Shared transport. Shared transport is defined as the transmission
   facilities shared by more than one carrier, including the incumbent
   LEC, between end office switches, between end office switches and
   tandem switches, and between tandem switches, in the incumbent LEC
   network.

   (ii) An incumbent LEC shall provide a requesting telecommunications
   carrier nondiscriminatory access to operator services and directory
   assistance on an unbundled basis, in accordance with section 251(c)(3)
   of the Act and this part, to the extent that local circuit switching is
   required to be unbundled by a state commission, if the incumbent LEC
   does not provide that requesting telecommunications carrier with
   customized routing, or a compatible signaling protocol, necessary to
   use either a competing provider's operator services and directory
   assistance platform or the requesting telecommunications carrier's own
   platform. Operator services are any automatic or live assistance to a
   customer to arrange for billing or completion, or both, of a telephone
   call. Directory assistance is a service that allows subscribers to
   retrieve telephone numbers of other subscribers.

   (5) State commission proceedings. A state commission shall complete the
   proceedings necessary to satisfy the requirements in paragraphs (d)(2)
   and (d)(3) of this section in accordance with paragraphs (d)(5)(i) and
   (d)(5)(ii) of this section.

   (i) Timing. A state commission shall complete any initial review
   applying the triggers and criteria in paragraph (d)(2) of this section
   within nine months from the effective date of the Commission's
   Triennial Review Order. A state commission wishing to rebut the
   Commission's finding of non-impairment for DS1 and above enterprise
   switches must file a petition with the Commission in accordance with
   paragraph (d)(3) of this section within 90 days from that effective
   date.

   (ii) Continuing review. A state commission shall complete any
   subsequent review applying these triggers and criteria within six
   months of the filing of a petition or other pleading to conduct such a
   review.

   (e) 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 (e) through (e)(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, 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 (e)(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.

   (C) Transition period for DS1 transport circuits. For a 12-month period
   beginning on the effective date of the Triennial Review Remand Order,
   any DS1 dedicated transport UNE that a competitive LEC leases from the
   incumbent LEC as of that date, but which the incumbent LEC is not
   obligated to unbundle pursuant to paragraphs (e)(2)(ii)(A) or
   (e)(2)(ii)(B) of this section, shall be available for lease from the
   incumbent LEC at a rate equal to the higher of 115 percent of the rate
   the requesting carrier paid for the dedicated transport element on June
   15, 2004, or, 115 percent of the rate the state commission has
   established or establishes, if any, between June 16, 2004, and the
   effective date of the Triennial Review Remand Order, for that dedicated
   transport element. Where incumbent LECs are not required to provide
   unbundled DS1 transport pursuant to paragraphs (e)(2)(ii)(A) or
   (e)(2)(ii)(B) of this section, requesting carriers may not obtain new
   DS1 transport as unbundled network elements.

   (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 (e)(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.

   (C) Transition period for DS3 transport circuits. For a 12-month period
   beginning on the effective date of the Triennial Review Remand Order,
   any DS3 dedicated transport UNE that a competitive LEC leases from the
   incumbent LEC as of that date, but which the incumbent LEC is not
   obligated to unbundle pursuant to paragraphs (e)(2)(iii)(A) or
   (e)(2)(iii)(B) of this section, shall be available for lease from the
   incumbent LEC at a rate equal to the higher of 115 percent of the rate
   the requesting carrier paid for the dedicated transport element on June
   15, 2004, or, 115 percent of the rate the state commission has
   established or establishes, if any, between June 16, 2004, and the
   effective date of the Triennial Review Remand Order, for that dedicated
   transport element. Where incumbent LECs are not required to provide
   unbundled DS3 transport pursuant to paragraphs (e)(2)(iii)(A) or
   (e)(2)(iii)(B) of this section, requesting carriers may not obtain new
   DS3 transport as unbundled network elements.

   (iv) Dark fiber transport. Dedicated dark fiber transport shall be made
   available to requesting carriers on an unbundled basis as set forth
   below. Dark fiber transport consists of unactivated optical interoffice
   transmission facilities.

   (A) General availability of dark fiber transport. Incumbent LECs shall
   unbundle dark fiber transport between any pair of incumbent LEC wire
   centers except where, though application of tier classifications
   described in paragraph (e)(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 dark fiber transport if a wire center on
   either end of a requested route is a Tier 3 wire center.

   (B) Transition period for dark fiber transport circuits. For an
   18-month period beginning on the effective date of the Triennial Review
   Remand Order, any dark fiber dedicated transport UNE that a competitive
   LEC leases from the incumbent LEC as of that date, but which the
   incumbent LEC is not obligated to unbundle pursuant to paragraphs
   (e)(2)(iv)(A) or (e)(2)(iv)(B) of this section, shall be available for
   lease from the incumbent LEC at a rate equal to the higher of 115
   percent of the rate the requesting carrier paid for the dedicated
   transport element on June 15, 2004, or, 115 percent of the rate the
   state commission has established or establishes, if any, between June
   16, 2004, and the effective date of the Triennial Review Remand Order,
   for that dedicated transport element. Where incumbent LECs are not
   required to provide unbundled dark fiber transport pursuant to
   paragraphs (e)(2)(iv)(A) or (e)(2)(iv)(B) of this section, requesting
   carriers may not obtain new dark fiber transport as unbundled network
   elements.

   (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.

   (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.

   (f) 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.

   (g) Operations support systems. An incumbent LEC shall provide a
   requesting telecommunications carrier with nondiscriminatory access to
   operations support systems on an unbundled basis, in accordance with
   section 251(c)(3) of the Act and this part. Operations support system
   functions consist of pre-ordering, ordering, provisioning, maintenance
   and repair, and billing functions supported by an incumbent LEC's
   databases and information. An incumbent LEC, as part of its duty to
   provide access to the pre-ordering function, shall provide the
   requesting telecommunications carrier with nondiscriminatory access to
   the same detailed information about the loop that is available to the
   incumbent LEC.

   [ 68 FR 52295 , Sept. 4, 2003, as amended at  68 FR 64000 , Nov. 12, 2003;
    69 FR 54591 , Sept. 9, 2004;  69 FR 77953 , Dec. 29, 2004;  70 FR 8953 ,
   Feb. 24, 2005]