§ 51.323   Standards for physical collocation and virtual collocation.

   (a)  An  incumbent  LEC shall provide physical collocation and virtual
   collocation to requesting telecommunications carriers.

   (b) An incumbent LEC shall permit the collocation and use of any equipment
   necessary for interconnection or access to unbundled network elements.

   (1) Equipment is necessary for interconnection if an inability to deploy
   that equipment would, as a practical, economic, or operational matter,
   preclude the requesting carrier from obtaining interconnection with the
   incumbent  LEC at a level equal in quality to that which the incumbent
   obtains within its own network or the incumbent provides to any affiliate,
   subsidiary, or other party.

   (2) Equipment is necessary for access to an unbundled network element if an
   inability to deploy that equipment would, as a practical, economic, or
   operational  matter,  preclude  the  requesting carrier from obtaining
   nondiscriminatory access to that unbundled network element, including any of
   its features, functions, or capabilities.

   (3) Multi-functional equipment shall be deemed necessary for interconnection
   or access to an unbundled network element if and only if the primary purpose
   and function of the equipment, as the requesting carrier seeks to deploy it,
   meets either or both of the standards set forth in paragraphs (b)(1) and
   (b)(2) of this section. For a piece of equipment to be utilized primarily to
   obtain equal in quality interconnection or nondiscriminatory access to one
   or more unbundled network elements, there also must be a logical nexus
   between  the  additional functions the equipment would perform and the
   telecommunication services the requesting carrier seeks to provide to its
   customers by means of the interconnection or unbundled network element. The
   collocation  of  those functions of the equipment that, as stand-alone
   functions, do not meet either of the standards set forth in paragraphs
   (b)(1)  and  (b)(2)  of  this  section must not cause the equipment to
   significantly increase the burden on the incumbent's property.

   (c) Whenever an incumbent LEC objects to collocation of equipment by a
   requesting telecommunications carrier for purposes within the scope of
   section 251(c)(6) of the Act, the incumbent LEC shall prove to the state
   commission that the equipment is not necessary for interconnection or access
   to unbundled network elements under the standards set forth in paragraph (b)
   of this section. An incumbent LEC may not object to the collocation of
   equipment on the grounds that the equipment does not comply with safety or
   engineering standards that are more stringent than the safety or engineering
   standards that the incumbent LEC applies to its own equipment. An incumbent
   LEC may not object to the collocation of equipment on the ground that the
   equipment fails to comply with Network Equipment and Building Specifications
   performance standards or any other performance standards. An incumbent LEC
   that  denies  collocation  of  a competitor's equipment, citing safety
   standards, must provide to the competitive LEC within five business days of
   the denial a list of all equipment that the incumbent LEC locates at the
   premises in question, together with an affidavit attesting that all of that
   equipment  meets or exceeds the safety standard that the incumbent LEC
   contends the competitor's equipment fails to meet. This affidavit must set
   forth in detail: the exact safety requirement that the requesting carrier's
   equipment does not satisfy; the incumbent LEC's basis for concluding that
   the requesting carrier's equipment does not meet this safety requirement;
   and the incumbent LEC's basis for concluding why collocation of equipment
   not meeting this safety requirement would compromise network safety.

   (d)  When  an  incumbent  LEC  provides  physical collocation, virtual
   collocation, or both, the incumbent LEC shall:

   (1) Provide an interconnection point or points, physically accessible by
   both the incumbent LEC and the collocating telecommunications carrier, at
   which the fiber optic cable carrying an interconnector's circuits can enter
   the  incumbent  LEC's  premises, provided that the incumbent LEC shall
   designate interconnection points as close as reasonably possible to its
   premises;

   (2) Provide at least two such interconnection points at each incumbent LEC
   premises at which there are at least two entry points for the incumbent
   LEC's cable facilities, and at which space is available for new facilities
   in at least two of those entry points;

   (3)  Permit  interconnection  of  copper  or  coaxial  cable  if  such
   interconnection is first approved by the state commission; and

   (4) Permit physical collocation of microwave transmission facilities except
   where such collocation is not practical for technical reasons or because of
   space limitations, in which case virtual collocation of such facilities is
   required where technically feasible.

   (e)  When  providing virtual collocation, an incumbent LEC shall, at a
   minimum, install, maintain, and repair collocated equipment meeting the
   standards set forth in paragraph (b) of this section within the same time
   periods and with failure rates that are no greater than those that apply to
   the  performance  of similar functions for comparable equipment of the
   incumbent LEC itself.

   (f) An incumbent LEC shall provide space for the collocation of equipment
   meeting  the  standards  set forth in paragraph (b) of this section in
   accordance with the following requirements:

   (1) An incumbent LEC shall make space available within or on its premises to
   requesting telecommunications carriers on a first-come, first-served basis,
   provided, however, that the incumbent LEC shall not be required to lease or
   construct additional space to provide for physical collocation when existing
   space has been exhausted;

   (2) To the extent possible, an incumbent LEC shall make contiguous space
   available to requesting telecommunications carriers that seek to expand
   their existing collocation space;

   (3) When planning renovations of existing facilities or constructing or
   leasing new facilities, an incumbent LEC shall take into account projected
   demand for collocation of equipment;

   (4) An incumbent LEC may retain a limited amount of floor space for its own
   specific future uses, provided, however, that neither the incumbent LEC nor
   any  of  its affiliates may reserve space for future use on terms more
   favorable than those that apply to other telecommunications carriers seeking
   to reserve collocation space for their own future use;

   (5) An incumbent LEC shall relinquish any space held for future use before
   denying  a  request  for  virtual  collocation on the grounds of space
   limitations, unless the incumbent LEC proves to the state commission that
   virtual collocation at that point is not technically feasible; and

   (6) An incumbent LEC may impose reasonable restrictions on the warehousing
   of  unused space by collocating telecommunications carriers, provided,
   however, that the incumbent LEC shall not set maximum space limitations
   applicable to such carriers unless the incumbent LEC proves to the state
   commission that space constraints make such restrictions necessary.

   (7) An incumbent LEC must assign collocation space to requesting carriers in
   a just, reasonable, and nondiscriminatory manner. An incumbent LEC must
   allow  each  carrier  requesting  physical collocation to submit space
   preferences prior to assigning physical collocation space to that carrier.
   At a minimum, an incumbent LEC's space assignment policies and practices
   must meet the following principles:

   (A) An incumbent LEC's space assignment policies and practices must not
   materially increase a requesting carrier's collocation costs.

   (B) An incumbent LEC's space assignment policies and practices must not
   materially delay a requesting carrier occupation and use of the incumbent
   LEC's premises.

   (C) An incumbent LEC must not assign physical collocation space that will
   impair the quality of service or impose other limitations on the service a
   requesting carrier wishes to offer.

   (D) An incumbent LEC's space assignment policies and practices must not
   reduce unreasonably the total space available for physical collocation or
   preclude unreasonably physical collocation within the incumbent's premises.

   (g) An incumbent LEC shall permit collocating telecommunications carriers to
   collocate  equipment  and  connect such equipment to unbundled network
   transmission elements obtained from the incumbent LEC, and shall not require
   such telecommunications carriers to bring their own transmission facilities
   to the incumbent LEC's premises in which they seek to collocate equipment.

   (h) As described in paragraphs (1) and (2) of this section, an incumbent LEC
   shall permit a collocating telecommunications carrier to interconnect its
   network with that of another collocating telecommunications carrier at the
   incumbent LEC's premises and to connect its collocated equipment to the
   collocated equipment of another telecommunications carrier within the same
   premises,  provided  that  the  collocated  equipment is also used for
   interconnection with the incumbent LEC or for access to the incumbent LEC's
   unbundled network elements.

   (1)  An  incumbent  LEC shall provide, at the request of a collocating
   telecommunications  carrier, a connection between the equipment in the
   collocated spaces of two or more telecommunications carriers, except to the
   extent the incumbent LEC permits the collocating parties to provide the
   requested connection for themselves or a connection is not required under
   paragraph (h)(2) of this section. Where technically feasible, the incumbent
   LEC shall provide the connection using copper, dark fiber, lit fiber, or
   other   transmission   medium,   as   requested   by  the  collocating
   telecommunications carrier.

   (2) An incumbent LEC is not required to provide a connection between the
   equipment  in  the collocated spaces of two or more telecommunications
   carriers if the connection is requested pursuant to section 201 of the Act,
   unless the requesting carrier submits to the incumbent LEC a certification
   that more than 10 percent of the amount of traffic to be transmitted through
   the connection will be interstate. The incumbent LEC cannot refuse to accept
   the certification, but instead must provision the service promptly. Any
   incumbent  LEC  may  file  a section 208 complaint with the Commission
   challenging the certification if it believes that the certification is
   deficient.  No  such  certification is required for a request for such
   connection under section 251 of the Act.

   (i) As provided herein, an incumbent LEC may require reasonable security
   arrangements to protect its equipment and ensure network reliability. An
   incumbent LEC may only impose security arrangements that are as stringent as
   the  security arrangements that the incumbent LEC maintains at its own
   premises for its own employees or authorized contractors. An incumbent LEC
   must allow collocating parties to access their collocated equipment 24 hours
   a day, seven days a week, without requiring either a security escort of any
   kind or delaying a competitor's employees' entry into the incumbent LEC's
   premises. An incumbent LEC may require a collocating carrier to pay only for
   the  least expensive, effective security option that is viable for the
   physical collocation space assigned. Reasonable security measures that the
   incumbent LEC may adopt include:

   (1) Installing security cameras or other monitoring systems; or

   (2) Requiring competitive LEC personnel to use badges with computerized
   tracking systems; or

   (3)  Requiring  competitive LEC employees to undergo the same level of
   security training, or its equivalent, that the incumbent's own employees, or
   third party contractors providing similar functions, must undergo; provided,
   however, that the incumbent LEC may not require competitive LEC employees to
   receive  such training from the incumbent LEC itself, but must provide
   information to the competitive LEC on the specific type of training required
   so the competitive LEC's employees can conduct their own training.

   (4) Restricting physical collocation to space separated from space housing
   the  incumbent  LEC's  equipment,  provided that each of the following
   conditions is met:

   (i)  Either  legitimate  security concerns, or operational constraints
   unrelated to the incumbent's or any of its affiliates' or subsidiaries
   competitive concerns, warrant such separation;

   (ii) Any physical collocation space assigned to an affiliate or subsidiary
   of the incumbent LEC is separated from space housing the incumbent LEC's
   equipment;

   (iii) The separated space will be available in the same time frame as, or a
   shorter time frame than, non-separated space;

   (iv) The cost of the separated space to the requesting carrier will not be
   materially higher than the cost of non-separated space; and

   (v) The separated space is comparable, from a technical and engineering
   standpoint, to non-separated space.

   (5) Requiring the employees and contractors of collocating carriers to use a
   central or separate entrance to the incumbent's building, provided, however,
   that where an incumbent LEC requires that the employees or contractors of
   collocating carriers access collocated equipment only through a separate
   entrance, employees and contractors of the incumbent LEC's affiliates and
   subsidiaries must be subject to the same restriction.

   (6) Constructing or requiring the construction of a separate entrance to
   access physical collocation space, provided that each of the following
   conditions is met:

   (i) Construction of a separate entrance is technically feasible;

   (ii)  Either  legitimate security concerns, or operational constraints
   unrelated to the incumbent's or any of its affiliates' or subsidiaries
   competitive concerns, warrant such separation;

   (iii)  Construction of a separate entrance will not artificially delay
   collocation provisioning; and

   (iv) Construction of a separate entrance will not materially increase the
   requesting carrier's costs.

   (j) An incumbent LEC shall permit a collocating telecommunications carrier
   to subcontract the construction of physical collocation arrangements with
   contractors approved by the incumbent LEC, provided, however, that the
   incumbent LEC shall not unreasonably withhold approval of contractors.
   Approval by an incumbent LEC shall be based on the same criteria it uses in
   approving contractors for its own purposes.

   (k)  An incumbent LEC's physical collocation offering must include the
   following:

   (1)  Shared  collocation  cages.  A shared collocation cage is a caged
   collocation space shared by two or more competitive LECs pursuant to terms
   and conditions agreed to by the competitive LECs. In making shared cage
   arrangements available, an incumbent LEC may not increase the cost of site
   preparation or nonrecurring charges above the cost for provisioning such a
   cage of similar dimensions and material to a single collocating party. In
   addition, the incumbent must prorate the charge for site conditioning and
   preparation undertaken by the incumbent to construct the shared collocation
   cage or condition the space for collocation use, regardless of how many
   carriers actually collocate in that cage, by determining the total charge
   for site preparation and allocating that charge to a collocating carrier
   based on the percentage of the total space utilized by that carrier. An
   incumbent LEC must make shared collocation space available in single-bay
   increments or their equivalent, i.e., a competing carrier can purchase space
   in increments small enough to collocate a single rack, or bay, of equipment.

   (2) Cageless collocation. Incumbent LECs must allow competitors to collocate
   without requiring the construction of a cage or similar structure. Incumbent
   LECs  must  permit collocating carriers to have direct access to their
   equipment.  An  incumbent  LEC  may  not require competitors to use an
   intermediate interconnection arrangement in lieu of direct connection to the
   incumbent's network if technically feasible. An incumbent LEC must make
   cageless collocation space available in single-bay increments, meaning that
   a  competing  carrier can purchase space in increments small enough to
   collocate a single rack, or bay, of equipment.

   (3) Adjacent space collocation. An incumbent LEC must make available, where
   physical  collocation  space is legitimately exhausted in a particular
   incumbent LEC structure, collocation in adjacent controlled environmental
   vaults, controlled environmental huts, or similar structures located at the
   incumbent LEC premises to the extent technically feasible. The incumbent LEC
   must  permit  a  requesting telecommunications carrier to construct or
   otherwise procure such an adjacent structure, subject only to reasonable
   safety and maintenance requirements. The incumbent must provide power and
   physical  collocation  services  and  facilities,  subject to the same
   nondiscrimination  requirements  as  applicable  to any other physical
   collocation  arrangement. The incumbent LEC must permit the requesting
   carrier to place its own equipment, including, but not limited to, copper
   cables, coaxial cables, fiber cables, and telecommunications equipment, in
   adjacent  facilities  constructed by the incumbent LEC, the requesting
   carrier, or a third-party. If physical collocation space becomes available
   in a previously exhausted incumbent LEC structure, the incumbent LEC must
   not require a carrier to move, or prohibit a competitive LEC from moving, a
   collocation arrangement into that structure. Instead, the incumbent LEC must
   continue  to allow the carrier to collocate in any adjacent controlled
   environmental vault, controlled environmental vault, or similar structure
   that the carrier has constructed or otherwise procured.

   (l) An incumbent LEC must offer to provide and provide all forms of physical
   collocation  (i.e.,  caged, cageless, shared, and adjacent) within the
   following deadlines, except to the extent a state sets its own deadlines or
   the incumbent LEC has demonstrated to the state commission that physical
   collocation is not practical for technical reasons or because of space
   limitations.

   (1) Within ten days after receiving an application for physical collocation,
   an incumbent LEC must inform the requesting carrier whether the application
   meets each of the incumbent LEC's established collocation standards. A
   requesting  carrier  that  resubmits  a revised application curing any
   deficiencies in an application for physical collocation within ten days
   after being informed of them retains its position within any collocation
   queue that the incumbent LEC maintains pursuant to paragraph (f)(1) of this
   section.

   (2) Except as stated in paragraphs (l)(3) and (l)(4) of this section, an
   incumbent LEC must complete provisioning of a requested physical collocation
   arrangement within 90 days after receiving an application that meets the
   incumbent LEC's established collocation application standards.

   (3) An incumbent LEC need not meet the deadline set forth in paragraph
   (l)(2) of this section if, after receipt of any price quotation provided by
   the incumbent LEC, the telecommunications carrier requesting collocation
   does not notify the incumbent LEC that physical collocation should proceed.

   (4) If, within seven days of the requesting carrier's receipt of any price
   quotation provided by the incumbent LEC, the telecommunications carrier
   requesting collocation does not notify the incumbent LEC that physical
   collocation  should  proceed, then the incumbent LEC need not complete
   provisioning of a requested physical collocation arrangement until 90 days
   after receiving such notification from the requesting telecommunications
   carrier.

   [ 61 FR 45619 , Aug. 28, 1996, as amended at  64 FR 23242 , Apr. 30, 1999;  65 FR 54439 , Sept. 8, 2000;  66 FR 43521 , Aug. 20, 2001]

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