§  51.230   Presumption of acceptability for deployment of an advanced services
loop technology.

   (a) An advanced services loop technology is presumed acceptable for
   deployment under any one of the following circumstances, where the
   technology:

   (1) Complies with existing industry standards; or

   (2) Is approved by an industry standards body, the Commission, or any
   state commission; or

   (3) Has been successfully deployed by any carrier without significantly
   degrading the performance of other services.

   (b) An incumbent LEC may not deny a carrier's request to deploy a
   technology that is presumed acceptable for deployment unless the
   incumbent LEC demonstrates to the relevant state commission that
   deployment of the particular technology will significantly degrade the
   performance of other advanced services or traditional voiceband
   services.

   (c) Where a carrier seeks to establish that deployment of a technology
   falls within the presumption of acceptability under paragraph (a)(3) of
   this section, the burden is on the requesting carrier to demonstrate to
   the state commission that its proposed deployment meets the threshold
   for a presumption of acceptability and will not, in fact, significantly
   degrade the performance of other advanced services or traditional voice
   band services. Upon a successful demonstration by the requesting
   carrier before a particular state commission, the deployed technology
   shall be presumed acceptable for deployment in other areas.

   [ 65 FR 1345 , Jan. 10, 2000]