§ 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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