§  51.331   Notice of network changes: Timing of notice.

   (a) An incumbent LEC shall give public notice of planned changes at the
   make/buy point, as defined in paragraph (b) of this section, but at
   least 12 months before implementation, except as provided below:

   (1) If the changes can be implemented within twelve months of the
   make/buy point, public notice must be given at the make/buy point, but
   at least six months before implementation.

   (2) If the changes can be implemented within six months of the make/buy
   point, public notice may be given pursuant to the short term notice
   procedures provided in § 51.333.

   (b) For purposes of this section, the make/buy point is the time at
   which an incumbent LEC decides to make for itself, or to procure from
   another entity, any product the design of which affects or relies on a
   new or changed network interface. If an incumbent LEC's planned changes
   do not require it to make or to procure a product, then the make/buy
   point is the point at which the incumbent LEC makes a definite decision
   to implement a network change.

   (1) For purposes of this section, a product is any hardware r software
   for use in an incumbent LEC's network or in conjunction with its
   facilities that, when installed, could affect the compatibility of an
   interconnected service provider's network, facilities or services with
   an incumbent LEC's existing telephone network, facilities or services,
   or with any of an incumbent carrier's services or capabilities.

   (2) For purposes of this section a definite decision is reached when an
   incumbent LEC determines that the change is warranted, establishes a
   timetable for anticipated implementation, and takes any action toward
   implementation of the change within its network.

   (c) Competing service providers may object to incumbent LEC notice of
   retirement of copper loops or copper subloops and replacement with
   fiber-to-the-home loops or fiber-to-the-curb loops in the manner set
   forth in § 51.333(c).

   [ 61 FR 47352 , Sept. 6, 1996, as amended at  68 FR 52305 , Sept. 2, 2003;
    69 FR 77954 , Dec. 29, 2004]