[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Rules and Regulations]
[Pages 5745-5750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00838]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 32, 51 and 69

[DA 12-1552]


Nonsubstantive, Editorial or Conforming Amendments of the 
Commission's Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document makes a number of nonsubstantive, editorial or 
conforming revisions to the Commission's rules. These revisions are 
made to delete certain rule provisions that are without current legal 
effect or are otherwise obsolete. They are also made to clarify, 
simplify, and harmonize Commission rules, making the rules more readily 
accessible to the public and avoiding potential confusion for 
interested parties and Commission staff alike. In addition to deleting 
balance sheet account instructions that are now obsolete, as well as 
references to rules that have previously been deleted, this document 
deletes and amends rules that refer to unbundled network elements that 
are no longer subject to unbundling as a result of decisions in the 
Triennial Review proceedings or expired transition periods.

DATES: Effective January 28, 2013.

FOR FURTHER INFORMATION CONTACT: Kirk Burgee, Wireline Competition 
Bureau, Front Office, (202) 418-1500, or send an email to 
kirk.burgee@fcc.gov.

SUPPLEMENTARY INFORMATION: In this Order, we make a number of 
nonsubstantive, editorial or conforming revisions to parts 32, 51 and 
69 of the Commission's rules. We make these revisions to delete certain 
rule provisions that are without current legal effect or are otherwise 
obsolete. These nonsubstantive revisions are part of the Commission's 
ongoing examination and improvement of FCC processes and procedures. 
The revisions clarify, simplify, and harmonize our rules, making the 
rules more readily accessible to the public and avoiding potential 
confusion for interested parties and Commission staff alike. The 
revisions and the specific reasons we are adopting each one are set 
forth below.

I. Part 32, Subpart C, Instructions for Balance Sheet Accounts

    1. This Order amends part 32, subpart C, Instructions for Balance 
Sheet Accounts, to delete Sec.  32.2321, which is obsolete. Section 
32.2321 creates an account in the Uniform System of Accounts for 
incumbent local exchange carriers' (incumbent LECs') embedded customer 
premises wiring that was capitalized prior to October 1, 1984. By 
Commission order, the full amortization of all inside wiring was to be 
completed by September 30, 1994 and therefore the rule has no further 
applicability.

II. Part 51, Subpart D, Additional Obligations of Incumbent Local 
Exchange Carriers

    2. This Order amends rules in part 51, subpart D, Additional 
Obligations of Incumbent Local Exchange Carriers, which, among other 
things, establishes a list of unbundled network elements (UNEs) that 
are subject to the unbundling rules adopted in the Commission's 
Triennial Review proceedings, and the terms for unbundling these 
network elements. See Triennial Review Order, FCC 03-227, published at 
68 FR 52276, 52295-305; Unbundled Access to Network Elements; Review of 
the Section 251 Triennial Review Remand Order, FCC 04-290, published at 
70 FR 8940, 8953-55, February 24, 2005. Specifically, this Order makes 
the following deletions or amendments to part 51 rules that refer to 
UNEs that are no longer subject to unbundling as a result of decisions 
in the Triennial Review proceedings or expired transition periods:
     This Order deletes Sec.  51.319(a)(1)(i), which references 
``line sharing'' as a UNE that is subject to unbundling, to conform to 
judicial decision. See United States Telecom Ass'n v. FCC, 290 F.3d 
415, 428-29 (2002) (vacating the Commission's decision to provide

[[Page 5746]]

CLECs with unbundled access to the high frequency portion of copper 
loops to provide broadband DSL services, primarily because the 
Commission had failed to consider the relevance of intermodal 
competition in the broadband market). The definition of ``high-
frequency portion of the loop'' in Sec.  51.319(a)(1)(i) has continuing 
relevance for the Commission's unbundling requirements, specifically 
with regard to line splitting under Sec.  51.319(a)(1)(ii). 
Accordingly, in deleting Sec.  51.319(a)(1)(i), this order moves the 
definition of ``high-frequency portion of the loop'' to the end of 
Sec.  51.319(a)(1)(ii) and redesignates Sec.  51.319(a)(1)(ii) through 
51.319(a)(1)(v) as Sec.  51.319(a)(1)(i) through 51.319(a)(1)(iv). This 
Order also deletes the reference to unbundled ``local circuit 
switching'' in Sec.  51.319(a)(1)(ii) (redesignated as Sec.  
51.319(a)(1)(i)), to implement the Triennial Review Remand Order, FCC 
04-290, published at 70 FR 8940, February 24, 2005.
     This Order deletes references to ``the high-frequency 
portion of the copper loop'' in Sec.  51.319(a)(1)(iii) (redesignated 
as Sec.  51.319(a)(1)(ii)), to conform to judicial decision. See United 
States Telecom Ass'n v. FCC, 290 F.3d 415, 428-29 (2002).
     This Order deletes Sec.  51.319(a)(1)(iii)(D) & (E) to 
conform to judicial decision. See United States Telecom Ass'n v. FCC, 
290 F.3d 415, 428-29 (2002).
     This Order amends Sec.  51.319(a)(1)(v) (redesignated as 
51.319(a)(1)(iv)) to delete the reference to ``line sharing,'' to 
conform to judicial decision. See United States Telecom Ass'n v. FCC, 
290 F.3d 415, 428-29 (2002).
     This Order deletes a reference in Sec.  51.319(a)(7)(ii) 
to network modifications that would enable a requesting 
telecommunications carrier to obtain access to a dark fiber loop. This 
deletion reflects the fact that the Commission previously eliminated 
the requirement to make dark fiber loops available as unbundled network 
elements.
     This Order deletes Sec.  51.319(d) to conform to judicial 
decision, redesignates Sec.  51.319(e) through (g) as Sec.  51.319(d) 
through (f)), and amends all internal cross-references to reflect these 
redesignations.
     This Order deletes Sec.  51.319(a)(4)(iii), 
51.319(a)(5)(iii), 51.319(a)(6)(ii), 51.319(e)(2)(ii)(C), 
51.319(e)(2)(iii)(C), and 51.319(e)(2)(iv)(B), all of which establish 
transition periods that have expired. In addition, this Order revises 
Sec.  51.319(a)(6)(i) to designate that section as Sec.  51.319(a)(6), 
and restructures 51.319(e)(2)(iv), redesignated as 51.319(d)(2)(iv), to 
eliminate Sec.  51.319(e)(2)(iv)(A) as a separate section and to 
consolidate its text into redesignated Sec.  51.319(d)(2)(iv).

III. Part 69, Access Charges

    3. This Order amends Part 69, Access Charges, to delete references 
to Sec.  54.303, Long Term Support, which the Commission deleted in the 
USF/ICC Transformation Order, FCC 11-161, published at 77 FR 26987, May 
8, 2012.
    4. Specifically, this Order amends Sec.  69.415(c) to remove 
references to Sec.  54.303 and ``long term support,'' deletes Sec.  
69.2(y) and Sec.  69.502(c), which reference Sec.  54.303, and 
redesignates Sec.  69.502(d) and (e) as Sec.  69.502(c) and (d), 
respectively.
    5. The rule amendments adopted in this Order and set forth in the 
attached Appendix are nonsubstantive, editorial revisions of the rules 
pursuant to 47 CFR 0.231(b). These revisions delete rule provisions 
that are without current legal effect or are otherwise obsolete, and 
delete references to obsolete rules and statutes. Accordingly, we find 
good cause to conclude that notice and comment procedures are 
unnecessary and would not serve any useful purpose. For the same 
reason, we also find good cause to make these nonsubstantive, editorial 
revisions of the rules effective upon publication in the Federal 
Register.

IV. Procedural Matters

A. Regulatory Flexibility Act

    6. Because we adopt this Order without notice and comment, the 
Regulatory Flexibility Act does not apply.

B. Paperwork Reduction Act

    7. The rules contained herein have been analyzed with respect to 
the Paperwork Reduction Act of 1995 and found to contain no new or 
modified form, information collection, and/or recordkeeping, labeling, 
disclosure, or record retention requirements, and will not increase or 
decrease burden hours imposed on the public. See Public Law 104 through 
113, 44 U.S.C. 3501, et. seq. In addition, therefore, this Order does 
not contain any new or modified ``information collection burden for 
small business concerns with fewer than 25 employees,'' pursuant to the 
Small Business Paperwork Relief Act of 2002. See Public Law 107 through 
198, 44 U.S.C. 3506(c)(4).

C. Congressional Review Act

    8. The Commission will send a copy of this Order in a report to 
Congress and the Government Accountability Office pursuant to the 
Congressional Review Act. See 5 U.S.C. 801(a)(1)(A).

V. Ordering Clauses

    9. Accordingly, It is ordered that, effective upon publication in 
the Federal Register, Parts 32, 51, and 69 of the Commission's rules 
are amended, as set forth in the attached Final Rules caption, pursuant 
to the authority contained in Sections 4(i), 5(c), and 303(r) of the 
Communications Act, 47 U.S.C. 154(i), 155(c), and 303(r), and Section 
0.231(b) of the Commission's regulations, 47 CFR 0.231(b).
    10. It is further ordered that the Secretary shall cause a copy of 
this Order to be published in the Federal Register.

List of Subjects

47 CFR Part 32

    Communications common carriers, Reporting and recordkeeping 
requirements, Telephone, Uniform System of Accounts.

47 CFR Part 51

    Communications common carriers, Telecommunications.

47 CFR Part 69

    Communications common carriers, Reporting and recordkeeping 
requirements, Telephone.

Federal Communications Commission.
Julie Veach,
Chief, Wireline Competition Bureau.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 32, 51, and 69 as 
follows:

PART 32--UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS 
COMPANIES

0
1. The authority citation for part 32 continues to read as follows:

    Authority:  47 U.S.C. 154(i), 154(j) and 220 as amended.


Sec.  32.2321  [Removed]

0
2. Remove Sec.  32.2321.

PART 51--INTERCONNECTION

0
3. The authority citation for part 51 continues to read as follows:

    Authority:  Sections 1-5, 7, 201-05, 207-09, 218, 225-27, 251-
54, 256, 271, 303(r), 332, 48 Stat. 1070, as amended, 1077; 47 
U.S.C. 151-55, 157, 201-05, 207-09, 218, 225-27, 251-54, 256, 271, 
303(r), 332, 47 U.S.C. 157 note.

0
4. Amend Sec.  51.319 by revising paragraph (a), by removing paragraph

[[Page 5747]]

(d) and redesignating paragraphs (e) through (g) as paragraphs (d) 
through (f) and revising newly redesignated paragraph (d) to read as 
follows:


Sec.  51.319  Specific unbundling requirements.

    (a) Local loops. An incumbent LEC shall provide a requesting 
telecommunications carrier with nondiscriminatory access to the local 
loop on an unbundled basis, in accordance with section 251(c)(3) of the 
Act and this part and as set forth in paragraphs (a)(1) through (8) of 
this section. The local loop network element is defined as a 
transmission facility between a distribution frame (or its equivalent) 
in an incumbent LEC central office and the loop demarcation point at an 
end-user customer premises. This element includes all features, 
functions, and capabilities of such transmission facility, including 
the network interface device. It also includes all electronics, 
optronics, and intermediate devices (including repeaters and load 
coils) used to establish the transmission path to the end-user customer 
premises as well as any inside wire owned or controlled by the 
incumbent LEC that is part of that transmission path.
    (1) Copper loops. An incumbent LEC shall provide a requesting 
telecommunications carrier with nondiscriminatory access to the copper 
loop on an unbundled basis. A copper loop is a stand-alone local loop 
comprised entirely of copper wire or cable. Copper loops include two-
wire and four-wire analog voice-grade copper loops, digital copper 
loops (e.g., DS0s and integrated services digital network lines), as 
well as two-wire and four-wire copper loops conditioned to transmit the 
digital signals needed to provide digital subscriber line services, 
regardless of whether the copper loops are in service or held as 
spares. The copper loop includes attached electronics using time 
division multiplexing technology, but does not include packet switching 
capabilities as defined in paragraph (a)(2)(i) of this section. The 
availability of DS1 and DS3 copper loops is subject to the requirements 
of paragraphs (a)(4) and (5) of this section.
    (i) Line splitting. An incumbent LEC shall provide a requesting 
telecommunications carrier that obtains an unbundled copper loop from 
the incumbent LEC with the ability to engage in line splitting 
arrangements with another competitive LEC using a splitter collocated 
at the central office where the loop terminates into a distribution 
frame or its equivalent. Line splitting is the process in which one 
competitive LEC provides narrowband voice service over the low 
frequency portion of a copper loop and a second competitive LEC 
provides digital subscriber line service over the high frequency 
portion of that same loop. The high frequency portion of the loop 
consists of the frequency range on the copper loop above the range that 
carries analog circuit-switched voice transmissions. This portion of 
the loop includes the features, functions, and capabilities of the loop 
that are used to establish a complete transmission path on the high 
frequency range between the incumbent LEC's distribution frame (or its 
equivalent) in its central office and the demarcation point at the end-
user customer premises, and includes the high frequency portion of any 
inside wire owned or controlled by the incumbent LEC.
    (A) An incumbent LEC's obligation, under paragraph (a)(1)(i) of 
this section, to provide a requesting telecommunications carrier with 
the ability to engage in line splitting applies regardless of whether 
the carrier providing voice service provides its own switching or 
obtains local circuit switching from the incumbent LEC.
    (B) An incumbent LEC must make all necessary network modifications, 
including providing nondiscriminatory access to operations support 
systems necessary for pre-ordering, ordering, provisioning, maintenance 
and repair, and billing for loops used in line splitting arrangements.
    (ii) Line conditioning. The incumbent LEC shall condition a copper 
loop at the request of the carrier seeking access to a copper loop 
under paragraph (a)(1) of this section or a copper subloop under 
paragraph (b) of this section to ensure that the copper loop or copper 
subloop is suitable for providing digital subscriber line services, 
whether or not the incumbent LEC offers advanced services to the end-
user customer on that copper loop or copper subloop. If the incumbent 
LEC seeks compensation from the requesting telecommunications carrier 
for line conditioning, the requesting telecommunications carrier has 
the option of refusing, in whole or in part, to have the line 
conditioned; and a requesting telecommunications carrier's refusal of 
some or all aspects of line conditioning will not diminish any right it 
may have, under paragraphs (a) and (b) of this section, to access the 
copper loop or the copper subloop.
    (A) Line conditioning is defined as the removal from a copper loop 
or copper subloop of any device that could diminish the capability of 
the loop or subloop to deliver high-speed switched wireline 
telecommunications capability, including digital subscriber line 
service. Such devices include, but are not limited to, bridge taps, 
load coils, low pass filters, and range extenders.
    (B) Incumbent LECs shall recover the costs of line conditioning 
from the requesting telecommunications carrier in accordance with the 
Commission's forward-looking pricing principles promulgated pursuant to 
section 252(d)(1) of the Act and in compliance with rules governing 
nonrecurring costs in Sec.  51.507(e).
    (C) Insofar as it is technically feasible, the incumbent LEC shall 
test and report troubles for all the features, functions, and 
capabilities of conditioned copper lines, and may not restrict its 
testing to voice transmission only.
    (iii) Maintenance, repair, and testing. (A) An incumbent LEC shall 
provide, on a nondiscriminatory basis, physical loop test access points 
to a requesting telecommunications carrier at the splitter, through a 
cross-connection to the requesting telecommunications carrier's 
collocation space, or through a standardized interface, such as an 
intermediate distribution frame or a test access server, for the 
purpose of testing, maintaining, and repairing copper loops and copper 
subloops.
    (B) An incumbent LEC seeking to utilize an alternative physical 
access methodology may request approval to do so from the state 
commission, but must show that the proposed alternative method is 
reasonable and nondiscriminatory, and will not disadvantage a 
requesting telecommunications carrier's ability to perform loop or 
service testing, maintenance, or repair.
    (iv) Control of the loop and splitter functionality. In situations 
where a requesting telecommunications carrier is obtaining access to 
the high frequency portion of a copper loop through a line splitting 
arrangement, the incumbent LEC may maintain control over the loop and 
splitter equipment and functions, and shall provide to the requesting 
telecommunications carrier loop and splitter functionality that is 
compatible with any transmission technology that the requesting 
telecommunications carrier seeks to deploy using the high frequency 
portion of the loop, as defined in paragraph (a)(1)(i) of this section, 
provided that such transmission technology is presumed to be deployable 
pursuant to Sec.  51.230.
    (2) Hybrid loops. A hybrid loop is a local loop composed of both 
fiber optic cable, usually in the feeder plant, and copper wire or 
cable, usually in the distribution plant.
    (i) Packet switching facilities, features, functions, and 
capabilities. An

[[Page 5748]]

incumbent LEC is not required to provide unbundled access to the packet 
switched features, functions and capabilities of its hybrid loops. 
Packet switching capability is the routing or forwarding of packets, 
frames, cells, or other data units based on address or other routing 
information contained in the packets, frames, cells or other data 
units, and the functions that are performed by the digital subscriber 
line access multiplexers, including but not limited to the ability to 
terminate an end-user customer's copper loop (which includes both a 
low-band voice channel and a high-band data channel, or solely a data 
channel); the ability to forward the voice channels, if present, to a 
circuit switch or multiple circuit switches; the ability to extract 
data units from the data channels on the loops; and the ability to 
combine data units from multiple loops onto one or more trunks 
connecting to a packet switch or packet switches.
    (ii) Broadband services. When a requesting telecommunications 
carrier seeks access to a hybrid loop for the provision of broadband 
services, an incumbent LEC shall provide the requesting 
telecommunications carrier with nondiscriminatory access to the time 
division multiplexing features, functions, and capabilities of that 
hybrid loop, including DS1 or DS3 capacity (where impairment has been 
found to exist), on an unbundled basis to establish a complete 
transmission path between the incumbent LEC's central office and an end 
user's customer premises. This access shall include access to all 
features, functions, and capabilities of the hybrid loop that are not 
used to transmit packetized information.
    (iii) Narrowband services. When a requesting telecommunications 
carrier seeks access to a hybrid loop for the provision of narrowband 
services, the incumbent LEC may either:
    (A) Provide nondiscriminatory access, on an unbundled basis, to an 
entire hybrid loop capable of voice-grade service (i.e., equivalent to 
DS0 capacity), using time division multiplexing technology; or
    (B) Provide nondiscriminatory access to a spare home-run copper 
loop serving that customer on an unbundled basis.
    (3) Fiber loops--(i) Definitions--(A) Fiber-to-the-home loops. A 
fiber-to-the-home loop is a local loop consisting entirely of fiber 
optic cable, whether dark or lit, serving an end user's customer 
premises or, in the case of predominantly residential multiple dwelling 
units (MDUs), a fiber optic cable, whether dark or lit, that extends to 
the multiunit premises' minimum point of entry (MPOE).
    (B) Fiber-to-the-curb loops. A fiber-to-the-curb loop is a local 
loop consisting of fiber optic cable connecting to a copper 
distribution plant that is not more than 500 feet from the customer's 
premises or, in the case of predominantly residential MDUs, not more 
than 500 feet from the MDU's MPOE. The fiber optic cable in a fiber-to-
the-curb loop must connect to a copper distribution plant at a serving 
area interface from which every other copper distribution subloop also 
is not more than 500 feet from the respective customer's premises.
    (ii) New builds. An incumbent LEC is not required to provide 
nondiscriminatory access to a fiber-to-the-home loop or a fiber-to-the-
curb loop on an unbundled basis when the incumbent LEC deploys such a 
loop to an end user's customer premises that previously has not been 
served by any loop facility.
    (iii) Overbuilds. An incumbent LEC is not required to provide 
nondiscriminatory access to a fiber-to-the-home loop or a fiber-to-the-
curb loop on an unbundled basis when the incumbent LEC has deployed 
such a loop parallel to, or in replacement of, an existing copper loop 
facility, except that:
    (A) The incumbent LEC must maintain the existing copper loop 
connected to the particular customer premises after deploying the 
fiber-to-the-home loop or the fiber-to-the-curb loop and provide 
nondiscriminatory access to that copper loop on an unbundled basis 
unless the incumbent LEC retires the copper loops pursuant to paragraph 
(a)(3)(iv) of this section.
    (B) An incumbent LEC that maintains the existing copper loops 
pursuant to paragraph (a)(3)(iii)(A) of this section need not incur any 
expenses to ensure that the existing copper loop remains capable of 
transmitting signals prior to receiving a request for access pursuant 
to that paragraph, in which case the incumbent LEC shall restore the 
copper loop to serviceable condition upon request.
    (C) An incumbent LEC that retires the copper loop pursuant to 
paragraph (a)(3)(iv) of this section shall provide nondiscriminatory 
access to a 64 kilobits per second transmission path capable of voice 
grade service over the fiber-to-the-home loop or fiber-to-the-curb loop 
on an unbundled basis.
    (iv) Retirement of copper loops or copper subloops. Prior to 
retiring any copper loop or copper subloop that has been replaced with 
a fiber-to-the-home loop or a fiber-to-the-curb loop, an incumbent LEC 
must comply with:
    (A) The network disclosure requirements set forth in section 
251(c)(5) of the Act and in Sec.  51.325 through Sec.  51.335; and
    (B) Any applicable state requirements.
    (4) DS1 loops. (i) Subject to the cap described in paragraph 
(a)(4)(ii) of this section, an incumbent LEC shall provide a requesting 
telecommunications carrier with nondiscriminatory access to a DS1 loop 
on an unbundled basis to any building not served by a wire center with 
at least 60,000 business lines and at least four fiber-based 
collocators. Once a wire center exceeds both of these thresholds, no 
future DS1 loop unbundling will be required in that wire center. A DS1 
loop is a digital local loop having a total digital signal speed of 
1.544 megabytes per second. DS1 loops include, but are not limited to, 
two-wire and four-wire copper loops capable of providing high-bit rate 
digital subscriber line services, including T1 services.
    (ii) Cap on unbundled DS1 loop circuits. A requesting 
telecommunications carrier may obtain a maximum of ten unbundled DS1 
loops to any single building in which DS1 loops are available as 
unbundled loops.
    (5) DS3 loops. (i) Subject to the cap described in paragraph 
(a)(5)(ii) of this section, an incumbent LEC shall provide a requesting 
telecommunications carrier with nondiscriminatory access to a DS3 loop 
on an unbundled basis to any building not served by a wire center with 
at least 38,000 business lines and at least four fiber-based 
collocators. Once a wire center exceeds both of these thresholds, no 
future DS3 loop unbundling will be required in that wire center. A DS3 
loop is a digital local loop having a total digital signal speed of 
44.736 megabytes per second.
    (ii) Cap on unbundled DS3 loop circuits. A requesting 
telecommunications carrier may obtain a maximum of a single unbundled 
DS3 loop to any single building in which DS3 loops are available as 
unbundled loops.
    (6) Dark fiber loops. An incumbent LEC is not required to provide 
requesting telecommunications carriers with access to a dark fiber loop 
on an unbundled basis. Dark fiber is fiber within an existing fiber 
optic cable that has not yet been activated through optronics to render 
it capable of carrying communications services.
    (7) Routine network modifications. (i) An incumbent LEC shall make 
all routine network modifications to unbundled loop facilities used by 
requesting telecommunications carriers where the requested loop 
facility has

[[Page 5749]]

already been constructed. An incumbent LEC shall perform these routine 
network modifications to unbundled loop facilities in a 
nondiscriminatory fashion, without regard to whether the loop facility 
being accessed was constructed on behalf, or in accordance with the 
specifications, of any carrier.
    (ii) A routine network modification is an activity that the 
incumbent LEC regularly undertakes for its own customers. Routine 
network modifications include, but are not limited to, rearranging or 
splicing of cable; adding an equipment case; adding a doubler or 
repeater; adding a smart jack; installing a repeater shelf; adding a 
line card; deploying a new multiplexer or reconfiguring an existing 
multiplexer; and attaching electronic and other equipment that the 
incumbent LEC ordinarily attaches to a DS1 loop to activate such loop 
for its own customer. Routine network modifications may entail 
activities such as accessing manholes, deploying bucket trucks to reach 
aerial cable, and installing equipment casings. Routine network 
modifications do not include the construction of a new loop, or the 
installation of new aerial or buried cable for a requesting 
telecommunications carrier.
    (8) Engineering policies, practices, and procedures. An incumbent 
LEC shall not engineer the transmission capabilities of its network in 
a manner, or engage in any policy, practice, or procedure, that 
disrupts or degrades access to a local loop or subloop, including the 
time division multiplexing-based features, functions, and capabilities 
of a hybrid loop, for which a requesting telecommunications carrier may 
obtain or has obtained access pursuant to paragraph (a) of this 
section.
* * * * *
    (d) Dedicated transport. An incumbent LEC shall provide a 
requesting telecommunications carrier with nondiscriminatory access to 
dedicated transport on an unbundled basis, in accordance with section 
251(c)(3) of the Act and this part, as set forth in paragraphs (d) 
through (d)(4) of this section. A ``route'' is a transmission path 
between one of an incumbent LEC's wire centers or switches and another 
of the incumbent LEC's wire centers or switches. A route between two 
points (e.g., wire center or switch ``A'' and wire center or switch 
``Z'') may pass through one or more intermediate wire centers or 
switches (e.g., wire center or switch ``X''). Transmission paths 
between identical end points (e.g., wire center or switch ``A'' and 
wire center or switch ``Z'') are the same ``route,'' irrespective of 
whether they pass through the same intermediate wire centers or 
switches, if any.
    (1) Definition. For purposes of this section, dedicated transport 
includes incumbent LEC transmission facilities between wire centers or 
switches owned by incumbent LECs, or between wire centers or switches 
owned by incumbent LECs and switches owned by requesting 
telecommunications carriers, including, but not limited to, DS1-, DS3-, 
and OCn-capacity level services, as well as dark fiber, dedicated to a 
particular customer or carrier.
    (2) Availability.
    (i) Entrance facilities. An incumbent LEC is not obligated to 
provide a requesting carrier with unbundled access to dedicated 
transport that does not connect a pair of incumbent LEC wire centers.
    (ii) Dedicated DS1 transport. Dedicated DS1 transport shall be made 
available to requesting carriers on an unbundled basis as set forth in 
paragraphs (d)(2)(ii)(A) and (B) of this section. Dedicated DS1 
transport consists of incumbent LEC interoffice transmission facilities 
that have a total digital signal speed of 1.544 megabytes per second 
and are dedicated to a particular customer or carrier.
    (A) General availability of DS1 transport. Incumbent LECs shall 
unbundle DS1 transport between any pair of incumbent LEC wire centers 
except where, through application of tier classifications described in 
paragraph (d)(3) of this section, both wire centers defining the route 
are Tier 1 wire centers. As such, an incumbent LEC must unbundle DS1 
transport if a wire center at either end of a requested route is not a 
Tier 1 wire center, or if neither is a Tier 1 wire center.
    (B) Cap on unbundled DS1 transport circuits. A requesting 
telecommunications carrier may obtain a maximum of ten unbundled DS1 
dedicated transport circuits on each route where DS1 dedicated 
transport is available on an unbundled basis.
    (iii) Dedicated DS3 transport. Dedicated DS3 transport shall be 
made available to requesting carriers on an unbundled basis as set 
forth in paragraphs (d)(2)(iii)(A) and(B) of this section. Dedicated 
DS3 transport consists of incumbent LEC interoffice transmission 
facilities that have a total digital signal speed of 44.736 megabytes 
per second and are dedicated to a particular customer or carrier.
    (A) General availability of DS3 transport. Incumbent LECs shall 
unbundle DS3 transport between any pair of incumbent LEC wire centers 
except where, through application of tier classifications described in 
paragraph (d)(3) of this section, both wire centers defining the route 
are either Tier 1 or Tier 2 wire centers. As such, an incumbent LEC 
must unbundle DS3 transport if a wire center on either end of a 
requested route is a Tier 3 wire center.
    (B) Cap on unbundled DS3 transport circuits. A requesting 
telecommunications carrier may obtain a maximum of 12 unbundled DS3 
dedicated transport circuits on each route where DS3 dedicated 
transport is available on an unbundled basis.
    (iv) Dark fiber transport. Dark fiber transport consists of 
unactivated optical interoffice transmission facilities. Incumbent LECs 
shall unbundle dark fiber transport between any pair of incumbent LEC 
wire centers except where, through application of tier classifications 
described in paragraph (d)(3) of this section, both wire centers 
defining the route are either Tier 1 or Tier 2 wire centers. An 
incumbent LEC must unbundle dark fiber transport if a wire center on 
either end of a requested route is a Tier 3 wire center.
    (3) Wire center tier structure. For purposes of this section, 
incumbent LEC wire centers shall be classified into three tiers, 
defined as follows:
    (i) Tier 1 wire centers are those incumbent LEC wire centers that 
contain at least four fiber-based collocators, at least 38,000 business 
lines, or both. Tier 1 wire centers also are those incumbent LEC tandem 
switching locations that have no line-side switching facilities, but 
nevertheless serve as a point of traffic aggregation accessible by 
competitive LECs. Once a wire center is determined to be a Tier 1 wire 
center, that wire center is not subject to later reclassification as a 
Tier 2 or Tier 3 wire center.
    (ii) Tier 2 wire centers are those incumbent LEC wire centers that 
are not Tier 1 wire centers, but contain at least 3 fiber-based 
collocators, at least 24,000 business lines, or both. Once a wire 
center is determined to be a Tier 2 wire center, that wire center is 
not subject to later reclassification as a Tier 3 wire center.
    (iii) Tier 3 wire centers are those incumbent LEC wire centers that 
do not meet the criteria for Tier 1 or Tier 2 wire centers.
    (4) Routine network modifications. (i) An incumbent LEC shall make 
all routine network modifications to unbundled dedicated transport 
facilities used by requesting telecommunications carriers where the 
requested dedicated transport facilities have already been

[[Page 5750]]

constructed. An incumbent LEC shall perform all routine network 
modifications to unbundled dedicated transport facilities in a 
nondiscriminatory fashion, without regard to whether the facility being 
accessed was constructed on behalf, or in accordance with the 
specifications, of any carrier.
    (ii) A routine network modification is an activity that the 
incumbent LEC regularly undertakes for its own customers. Routine 
network modifications include, but are not limited to, rearranging or 
splicing of cable; adding an equipment case; adding a doubler or 
repeater; installing a repeater shelf; and deploying a new multiplexer 
or reconfiguring an existing multiplexer. They also include activities 
needed to enable a requesting telecommunications carrier to light a 
dark fiber transport facility. Routine network modifications may entail 
activities such as accessing manholes, deploying bucket trucks to reach 
aerial cable, and installing equipment casings. Routine network 
modifications do not include the installation of new aerial or buried 
cable for a requesting telecommunications carrier.
* * * * *

PART 69--ACCESS CHARGES

0
5. The authority citation for part 69 continues to read as follows:

    Authority:  47 U.S.C. 154, 201, 202, 203, 205, 218, 220, 254, 
403.


Sec.  69.2  [Amended]

    Remove and reserve Sec.  69.2(y).
    Amend Sec.  69.415 by revising paragraph (c)(4) to read as follows:


Sec.  69.415  Reallocation of certain transport expenses.

* * * * *
    (c) * * *
    (4) The common line revenue requirement shall include Interstate 
Common Line Support as provided in Sec.  54.901 of this chapter.


Sec.  69.502  [Amended]

0
6. Amend Sec.  69.502 by removing paragraph (c) and redesignating 
paragraphs (d) and (e) as paragraphs (c) and (d), respectively.

[FR Doc. 2013-00838 Filed 1-25-13; 8:45 am]
BILLING CODE 6712-01-P