Sec.  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  Sec. 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