[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Sheet Accounts, to delete Sec. 32.2321, which is obsolete.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