§ 69.709   Dedicated transport and special access services other than channel
terminations between LEC end offices and customer premises.

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

   (1) Entrance facilities, as described in § 69.110.

   (2) Transport of traffic over dedicated transport facilities between the
   serving  wire  center and the tandem switching office, as described in
   § 69.111(a)(2)(iii).

   (3) Direct-trunked transport, as described in § 69.112.

   (4) Special access services, as described in § 69.114, other than channel
   terminations as defined in § 69.703(a)(2) of this part.

   (b) Phase I triggers. To obtain Phase I pricing flexibility, as specified in
   § 69.727(a) of this part, for the services described in paragraph (a) of this
   section, a price cap LEC must show that, in the relevant area as described
   in § 69.707 of this part, competitors unaffiliated with the price cap LEC
   have collocated:

   (1) In fifteen percent of the petitioner's wire centers, and that at least
   one such collocator in each wire center is using transport facilities owned
   by a transport provider other than the price cap LEC to transport traffic
   from that wire center; or

   (2) In wire centers accounting for 30 percent of the petitioner's revenues
   from dedicated transport and special access services other than channel
   terminations between LEC end offices and customer premises, determined as
   specified in § 69.725 of this part, and that at least one such collocator in
   each wire center is using transport facilities owned by a transport provider
   other than the price cap LEC to transport traffic from that wire center.

   (c) Phase II triggers. To obtain Phase II pricing flexibility, as specified
   in § 69.727(b) of this part, for the services described in paragraph (a) of
   this  section, a price cap LEC must show that, in the relevant area as
   described in § 69.707 of this part, competitors unaffiliated with the price
   cap LEC have collocated:

   (1) in 50 percent of the petitioner's wire centers, and that at least one
   such collocator in each wire center is using transport facilities owned by a
   transport provider other than the price cap LEC to transport traffic from
   that wire center; or

   (2) in wire centers accounting for 65 percent of the petitioner's revenues
   from dedicated transport and special access services other than channel
   terminations between LEC end offices and customer premises, determined as
   specified in § 69.725 of this part, and that at least one such collocator in
   each wire center is using transport facilities owned by a transport provider
   other than the price cap LEC to transport traffic from that wire center.

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