§  51.233   Significant degradation of services caused by deployment of
advanced services.

   (a) Where a carrier claims that a deployed advanced service is
   significantly degrading the performance of other advanced services or
   traditional voiceband services, that carrier must notify the deploying
   carrier and allow the deploying carrier a reasonable opportunity to
   correct the problem. Where the carrier whose services are being
   degraded does not know the precise cause of the degradation, it must
   notify each carrier that may have caused or contributed to the
   degradation.

   (b) Where the degradation asserted under paragraph (a) of this section
   remains unresolved by the deploying carrier(s) after a reasonable
   opportunity to correct the problem, the carrier whose services are
   being degraded must establish before the relevant state commission that
   a particular technology deployment is causing the significant
   degradation.

   (c) Any claims of network harm presented to the deploying carrier(s)
   or, if subsequently necessary, the relevant state commission, must be
   supported with specific and verifiable information.

   (d) Where a carrier demonstrates that a deployed technology is
   significantly degrading the performance of other advanced services or
   traditional voice band services, the carrier deploying the technology
   shall discontinue deployment of that technology and migrate its
   customers to technologies that will not significantly degrade the
   performance of other such services.

   (e) Where the only degraded service itself is a known disturber, and
   the newly deployed technology satisfies at least one of the criteria
   for a presumption that it is acceptable for deployment under § 51.230,
   the degraded service shall not prevail against the newly-deployed
   technology.

   [ 65 FR 1346 , Jan. 10, 2000]

Subpart D--Additional Obligations of Incumbent Local Exchange Carriers