# **APPENDIX C**

# 

# § 51.3l7. Standards for Requiring the Unbundling of Network Elements

(a) *Proprietary Network Elements*. A network element shall be
    considered to be proprietary if an incumbent LEC can demonstrate
    that it has invested resources to develop proprietary information or
    functionalities that are protected by patent, copyright or trade
    secret law. The Commission shall undertake the following analysis to
    determine whether a proprietary network element should be made
    available for purposes of section 251(c)(3) of the Act:

```{=html}
<!-- -->
```
(1) Determine whether access to the proprietary network element is
    "necessary." A network element is "necessary" if, taking into
    consideration the availability of alternative elements outside the
    incumbent LEC's network, including self-provisioning by a requesting
    carrier or acquiring an alternative from a third-party supplier,
    lack of access to the network element precludes a requesting
    telecommunications carrier from providing the services that it seeks
    to offer. If access is "necessary," then, subject to any
    consideration of the factors set forth under subsection (c) of this
    rule, the Commission may require the unbundling of such proprietary
    network element.

(2) In the event that such access is not "necessary," the Commission may
    require unbundling subject to any consideration of the factors set
    forth under subsection (c) of this rule if it is determined that:

```{=html}
<!-- -->
```
(A) The incumbent LEC has implemented only a minor modification to the
    network element in order to qualify for proprietary treatment;

(B) The information or functionality that is proprietary in nature does
    not differentiate the incumbent LEC's services from the requesting
    carrier's services; or

(C) Lack of access to such element would jeopardize the goals of the
    1996 Act.

```{=html}
<!-- -->
```
(b) *Non-Proprietary Network Elements*. The Commission shall undertake
    the following analysis to determine whether a non-proprietary
    network element should be made available for purposes of section
    251(c)(3) of the Act:

```{=html}
<!-- -->
```
(1) Determine whether lack of access to a non-proprietary network
    element "impairs" a carrier's ability to provide the service it
    seeks to offer. A requesting carrier's ability to provide service is
    "impaired" if, taking into consideration the availability of
    alternative elements outside the incumbent LEC's network, including
    self-provisioning by a requesting carrier or acquiring an
    alternative from a third-party supplier, lack of access to that
    element materially diminishes a requesting carrier's ability to
    provide the services it seeks to offer. The Commission will consider
    the totality of the circumstances to determine whether an
    alternative to the incumbent LEC's network element is available in
    such a manner that a requesting carrier can provide service using
    the alternative. If the Commission determines that lack of access to
    an element "impairs" a requesting carrier's ability to provide
    service, it may require the unbundling of that element, subject to
    any consideration of the factors set forth under subsection (c).

(2) In considering whether lack of access to a network element
    materially diminishes a requesting carrier's ability to provide
    service, the Commission shall consider the extent to which
    alternatives in the market are available as a practical, economic,
    and operational matter. The Commission will rely upon the following
    factors to determine whether alternative network elements are
    available as a practical, economic, and operational matter:

```{=html}
<!-- -->
```
(A) Cost, including all costs that requesting carriers may incur when
    using the alternative element to provide the services it seeks to
    offer;

(B) Timeliness, including the time associated with entering a market as
    well as the time to expand service to more customers;

(C) Quality;

(D) Ubiquity, including whether the alternatives are available
    ubiquitously;

(E) Impact on network operations.

```{=html}
<!-- -->
```
(c) In determining whether to require the unbundling of any network
    element under this rule, the Commission may also consider the
    following additional factors:

```{=html}
<!-- -->
```
(1) Whether unbundling of a network element promotes the rapid
    introduction of competition;

(2) Whether unbundling of a network element promotes facilities-based
    competition, investment, and innovation;

(3) Whether unbundling of a network element promotes reduced regulation;

(4) Whether unbundling of a network element provides certainty to
    requesting carriers regarding the availability of the element;

(5) Whether unbundling of a network element is administratively
    practical to apply.

```{=html}
<!-- -->
```
(d) If an incumbent LEC is required to provide nondiscriminatory access
    to a network element in accordance with § 51.311 and section
    251(c)(3) of the Act under § 51.319 or any applicable Commission
    Order, no state commission shall have authority to determine that
    such access is not required. A state commission must comply with the
    standards set forth in this § 51.317 when considering whether to
    require the unbundling of additional network elements. With respect
    to any network element which a state commission has required to be
    unbundled under § 51.317, the state commission retains the authority
    to subsequently determine, in accordance with the requirements of
    this rule, that such network element need no longer be unbundled.

§ 51.319 Specific unbundling requirements.

(a) *Local Loop and Subloop*. An incumbent LEC shall provide
    nondiscriminatory access, in accordance with § 51.311 and section
    251(c)(3) of the Act, to the local loop and subloop, including
    inside wiring owned by the incumbent LEC, on an unbundled basis to
    any requesting telecommunications carrier for the provision of a
    telecommunications service.

```{=html}
<!-- -->
```
(1) *Local Loop*. 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, including inside
    wire owned by the incumbent LEC. The local loop network element
    includes all features, functions, and capabilities of such
    transmission facility. Those features, functions, and capabilities
    include, but are not limited to, dark fiber, attached electronics
    (except those electronics used for the provision of advanced
    services, such as Digital Subscriber Line Access Multiplexers), and
    line conditioning. The local loop includes, but is not limited to,
    DS1, DS3, fiber, and other high capacity loops.

(2) *Subloop*. The subloop network element is defined as any portion of
    the loop that is technically feasible to access at terminals in the
    incumbent LEC's outside plant, including inside wire. An accessible
    terminal is any point on the loop where technicians can access the
    wire or fiber within the cable without removing a splice case to
    reach the wire or fiber within. Such points may include, but are not
    limited to, the pole or pedestal, the network interface device, the
    minimum point of entry, the single point of interconnection, the
    main distribution

> frame, the remote terminal, and the feeder/distribution interface.

(A) *Inside Wire*. Inside wire is defined as all loop plant owned by the
    incumbent LEC on end-user customer premises as far as the point of
    demarcation as defined in § 68.3, including the loop plant near the
    end-user customer premises. Carriers may access the inside wire
    subloop at any technically feasible point including, but not limited
    to, the network interface device, the minimum point of entry, the
    single point of interconnection, the pedestal, or the pole.

(B) *Technical feasibility*. If parties are unable to reach agreement,
    pursuant to voluntary negotiations, as to whether it is technically
    feasible, or whether sufficient space is available, to unbundle the
    subloop at the point where a carrier requests, the incumbent LEC
    shall have the burden of demonstrating to the state, pursuant to
    state arbitration proceedings under section 252 of the Act, that
    there is not sufficient space available, or that it is not
    technically feasible, to unbundle the subloop at the point
    requested.

(C) *Best practices.* Once one state has determined that it is
    technically feasible to unbundle subloops at a designated point, an
    incumbent LEC in any state shall have the burden of demonstrating,
    pursuant to state arbitration proceedings under section 252 of the
    Act, that it is not technically feasible, or that sufficient space
    is not available, to unbundle its own loops at such a point.

(D) *Rules for collocation.* Access to the subloop is subject to the
    Commission's collocation rules at §§ 51.321-323.

(E) *Single point of interconnection*. The incumbent LEC shall provide a
    single point of interconnection at multi-unit premises that is
    suitable for use by multiple carriers. This obligation is in
    addition to the incumbent LEC's obligation to provide
    nondiscriminatory access to subloops at any technically feasible
    point. If parties are unable to negotiate terms and conditions
    regarding a single point of interconnection, issues in dispute,
    including compensation of the incumbent LEC under forward-looking
    pricing principles, shall be resolved under the dispute resolution
    processes in section 252 of the Act.

```{=html}
<!-- -->
```
(3) *Line conditioning.* The incumbent LEC shall condition lines
    required to be unbundled under this section wherever a competitor
    requests, whether or not the incumbent LEC offers advanced services
    to the end-user customer on that loop.

> \(A\) Line conditioning is defined as the removal from the loop of any
> devices that may diminish the capability of the loop to deliver
> high-speed switched wireline telecommunications capability, including
> xDSL service. Such devices include, but are not limited to, bridge
> taps, low pass filters, and range extenders.

(B) Incumbent LECs shall recover the cost 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.

(C) Incumbent LECs shall recover the cost of line conditioning from the
    requesting telecommunications carrier in compliance with rules
    governing nonrecurring costs in § 51.507(e).

(D) In so far as it is technically feasible, the incumbent LEC shall
    test and report trouble for all the features, functions, and
    capabilities of conditioned lines, and may not restrict testing to
    voice-transmission only.

> \(b\) *Network Interface Device*. An incumbent LEC shall provide
> nondiscriminatory access, in accordance with § 51.311 and section
> 251(c)(3) of the Act, to the network interface device on an unbundled
> basis to any requesting telecommunications carrier for the provision
> of a telecommunications service. The network interface device network
> element is defined as any means of interconnection of end-user
> customer premises wiring to the incumbent LEC's distribution plant,
> such as a cross connect device used for that purpose. An incumbent LEC
> shall permit a requesting telecommunications carrier to connect its
> own loop facilities to on-premises wiring through the incumbent LEC's
> network interface device, or at any other technically feasible point.
>
> \(c\) *Switching Capability*. An incumbent LEC shall provide
> nondiscriminatory access, in accordance with § 51.311 and section
> 251(c)(3) of the Act, to local circuit switching capability and local
> tandem switching capability on an unbundled basis, except as set forth
> in § 51.319(c)(1)(B), to any requesting telecommunications carrier for
> the provision of a telecommunications service. An incumbent LEC shall
> be required to provide nondiscriminatory access in accordance with §
> 51.311 and section 251(c)(3) of the Act to packet switching capability
> on an unbundled basis to any requesting telecommunications carrier for
> the provision of a telecommunications service only in the limited
> circumstance described in § 51.319(c)(3)(B).
>
> (1)(A) *Local Circuit Switching Capability, including Tandem Switching
> Capability*. The local circuit switching capability network element is
> defined as:
>
> \(i\) Line-side facilities, which include, but are not limited to, the
> connection between a loop termination at a main distribution frame and
> a switch line card;
>
> \(ii\) Trunk-side facilities, which include, but are not limited to,
> the connection between trunk termination at a trunk-side cross-connect
> panel and a switch trunk card; and
>
> \(iii\) All features, functions and capabilities of the switch, which
> include, but are not limited to:

(1) The basic switching function of connecting lines to lines, lines to
    trunks, trunks to lines, and trunks to trunks, as well as the same
    basic capabilities made available to the incumbent LEC's customers,
    such as a telephone number, white page listing and dial tone, and

> \(2\) All other features that the switch is capable of providing,
> including but not limited to, customer calling, customer local area
> signaling service features, and Centrex, as well as any technically
> feasible customized routing functions provided by the switch.

\(B\) Notwithstanding the incumbent LEC's general duty to unbundle local
circuit switching, an incumbent LEC shall not be required to unbundle
local circuit switching for requesting telecommunications carriers when
the requesting telecommunications carrier serves end-users with four or
more voice grade (DS0) equivalents or lines, and the incumbent LEC's
local circuit switches are located in:

> \(i\) The top 50 Metropolitan Statistical Areas as set forth in
> Appendix B of the *Third Report and Order and Fourth Further Notice of
> Proposed Rulemaking* in CC Docket No. 96-98, and
>
> \(ii\) In Density Zone 1, as defined in § 69.123 on January 1, 1999.
>
> \(2\) *Local Tandem Switching Capability.* The tandem switching
> capability network element is defined as:
>
> \(A\) Trunk-connect facilities, which include, but are not limited to,
> the connection between trunk termination at a cross connect panel and
> switch trunk card;
>
> \(B\) The basic switch trunk function of connecting trunks to trunks;
> and
>
> \(C\) The functions that are centralized in tandem switches (as
> distinguished from separate end office switches), including but not
> limited, to call recording, the routing of calls to operator services,
> and signaling conversion features.
>
> \(3\) *Packet Switching Capability.* (A) The packet switching
> capability network element is defined as the basic packet switching
> function of routing or forwarding 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 Digital Subscriber Line Access Multiplexers, including
> but not limited to:
>
> \(i\) The ability to terminate copper customer loops (which includes
> both a low band voice channel and a high-band data channel, or solely
> a data channel);
>
> \(ii\) The ability to forward the voice channels, if present, to a
> circuit switch or multiple circuit switches;
>
> \(iii\) The ability to extract data units from the data channels on
> the loops, and
>
> \(iv\) The ability to combine data units from multiple loops onto one
> or more trunks connecting to a packet switch or packet switches.
>
> \(B\) An incumbent LEC shall be required to provide nondiscriminatory
> access to unbundled packet switching capability only where each of the
> following conditions are satisfied:
>
> \(i\) The incumbent LEC has deployed digital loop carrier systems,
> including but not limited to, integrated digital loop carrier or
> universal digital loop carrier systems; or has deployed any other
> system in which fiber optic facilities replace copper facilities in
> the distribution section (*e.g*., end office to remote terminal,
> pedestal or environmentally controlled vault);
>
> \(ii\) There are no spare copper loops capable of supporting the xDSL
> services the requesting carrier seeks to offer;
>
> \(iii\) The incumbent LEC has not permitted a requesting carrier to
> deploy a Digital Subscriber Line Access Multiplexer at the remote
> terminal, pedestal or environmentally controlled vault or other
> interconnection point, nor has the requesting carrier obtained a
> virtual collocation arrangement at these subloop interconnection
> points as defined by § 51.319(b); and
>
> \(iv\) The incumbent LEC has deployed packet switching capability for
> its own use.

\(d\) *Interoffice Transmission Facilities*. An incumbent LEC shall
provide nondiscriminatory access, in accordance with § 51.311 and
section 251(c)(3) of the Act, to interoffice transmission facilities on
an unbundled basis to any requesting telecommunications carrier for the
provision of a telecommunications service.

\(1\) Interoffice transmission facility network elements include:

\(A\) Dedicated transport, defined as incumbent LEC transmission
facilities, including all technically feasible capacity-related services
including, but not limited to, DS1, DS3 and OCn levels, dedicated to a
particular customer or carrier, that provide telecommunications between
wire centers owned by incumbent LECs or requesting telecommunications
carriers, or between switches owned by incumbent LECs or requesting
telecommunications carriers;

> \(B\) Dark fiber transport, defined as incumbent LEC optical
> transmission facilities without attached multiplexing, aggregation or
> other electronics;
>
> \(C\) Shared transport, defined as transmission facilities shared by
> more than one carrier, including the incumbent LEC, between end office
> switches, between end office switches and tandem switches, and between
> tandem switches, in the incumbent LEC network.

\(2\) The incumbent LEC shall:

\(A\) Provide a requesting telecommunications carrier exclusive use of
interoffice transmission facilities dedicated to a particular customer
or carrier, or use the features, functions, and capabilities of
interoffice transmission facilities shared by more than one customer or
carrier.

\(B\) Provide all technically feasible transmission facilities,
features, functions, and capabilities that the requesting
telecommunications carrier could use to provide telecommunications
services;

> \(C\) Permit, to the extent technically feasible, a requesting
> telecommunications carrier to connect such interoffice facilities to
> equipment designated by the requesting telecommunications carrier,
> including but not limited to, the requesting telecommunications
> carrier's collocated facilities; and
>
> \(D\) Permit, to the extent technically feasible, a requesting
> telecommunications carrier to obtain the functionality provided by the
> incumbent LEC's digital cross-connect systems in the same manner that
> the incumbent LEC provides such functionality to interexchange
> carriers.

\(e\) *Signaling Networks and Call-Related Databases*. An incumbent LEC
shall provide nondiscriminatory access, in accordance with § 51.311 and
section 251(c)(3) of the Act, to signaling networks, call-related
databases, and service management systems on an unbundled basis to any
requesting telecommunications carrier for the provision of a
telecommunications service.

\(1\) *Signaling Networks*: Signaling networks include, but are not
limited to, signaling links and signaling transfer points.

> \(A\) When a requesting telecommunications carrier purchases unbundled
> switching capability from an incumbent LEC, the incumbent LEC shall
> provide access from that switch in the same manner in which it obtains
> such access itself.
>
> \(B\) An incumbent LEC shall provide a requesting telecommunications
> carrier with its own switching facilities access to the incumbent
> LEC's signaling network for each of the requesting telecommunications
> carrier's switches. This connection shall be made in the same manner
> as an incumbent LEC connects one of its own switches to a signaling
> transfer point.

\(2\) *Call-Related Databases*: Call-related databases are defined as
databases, other than operations support systems, that are used in
signaling networks for billing and collection, or the transmission,
routing, or other provision of a telecommunications service.

(A) For purposes of switch query and database response through a
    signaling network, an incumbent LEC shall provide access to its
    call-related databases, including but not limited to, the Calling
    Name Database, 911 Database, E91l Database, Line Information
    Database, Toll Free Calling Database, Advanced Intelligent Network
    Databases, and downstream number portability databases by means of
    physical access at the signaling transfer point linked to the
    unbundled databases.

(B) Notwithstanding the incumbent LEC's general duty to unbundle
    call-related databases, an incumbent LEC shall not be required to
    unbundle the services created in the AIN platform and architecture
    that qualify for proprietary treatment.

(C) An incumbent LEC shall allow a requesting telecommunications carrier
    that has purchased an incumbent LEC's local switching capability to
    use the incumbent LEC's service control point element in the same
    manner, and via the same signaling links, as the incumbent LEC
    itself.

> \(D\) An incumbent LEC shall allow a requesting telecommunications
> carrier that has deployed its own switch, and has linked that switch
> to an incumbent LEC's signaling system, to gain access to the
> incumbent LEC's service control point in a manner that allows the
> requesting carrier to provide any call-related database-supported
> services to customers served by the requesting telecommunications
> carrier's switch.
>
> \(E\) An incumbent LEC shall provide a requesting telecommunications
> carrier with access to call-related databases in a manner that
> complies with section 222 of the Act.

\(3\) *Service Management Systems*:

(A) A service management system is defined as a computer database or
    system not part of the public switched network that, among other
    things:

```{=html}
<!-- -->
```
(1) Interconnects to the service control point and sends to that service
    control point the information and call processing instructions
    needed for a network switch to process and complete a telephone
    call; and

(2) Provides telecommunications carriers with the capability of entering
    and storing data regarding the processing and completing of a
    telephone call.

```{=html}
<!-- -->
```
(B) An incumbent LEC shall provide a requesting telecommunications
    carrier with the information necessary to enter correctly, or format
    for entry, the information relevant for input into the incumbent
    LEC's service management system.

(C) An incumbent LEC shall provide a requesting telecommunications
    carrier the same access to design, create, test, and deploy Advanced
    Intelligent Network-based services at the service management system,
    through a service creation environment, that the incumbent LEC
    provides to itself.

> \(D\) An incumbent LEC shall provide a requesting telecommunications
> carrier access to service management systems in a manner that complies
> with section 222 of the Act.

\(f\) *Operator Services and Directory Assistance.* An incumbent LEC
shall provide nondiscriminatory access in accordance with § 51.311 and
section 251(c)(3) of the Act to operator services and directory
assistance on an unbundled basis to any requesting telecommunications
carrier for the provision of a telecommunications service only where the
incumbent LEC does not provide the requesting telecommunications carrier
with customized routing or a compatible signaling protocol. Operator
services are any automatic or live assistance to a consumer to arrange
for billing or completion, or both, of a telephone call. Directory
assistance is a service that allows subscribers to retrieve telephone
numbers of other subscribers.

\(g\) *Operations Support Systems*: An incumbent LEC shall provide
nondiscriminatory access in accordance with § 51.311 and section
251(c)(3) of the Act to operations support systems on an unbundled basis
to any requesting telecommunications carrier for the provision of a
telecommunications service. Operations support system functions consist
of pre-ordering, ordering, provisioning, maintenance and repair, and
billing functions supported by an incumbent LEC's databases and
information. An incumbent LEC, as part of its duty to provide access to
the pre-ordering function, must provide the requesting carrier with
nondiscriminatory access to the same detailed information about the loop
that is available to the incumbent LEC.

§ 51.5 Terms and definitions.

*Pre-ordering and ordering. Pre-ordering and ordering* includes the
exchange of information between telecommunications carriers about:
current or proposed customer products and services; or unbundled network
elements, or some combination thereof. This information includes loop
qualification information, such as the composition of the loop material,
including but not limited to: fiber optics or copper; the existence,
location and type of any electronic or other equipment on the loop,
including but not limited to, digital loop carrier or other remote
concentration devices, feeder/distribution interfaces, bridge taps, load
coils, pair-gain devices, disturbers in the same or adjacent binder
groups; the loop length, including the length and location of each type
of transmission media; the wire gauge(s) of the loop; and the electrical
parameters of the loop, which may determine the suitability of the loop
for various technologies.