[Federal Register Volume 65, Number 70 (Tuesday, April 11, 2000)]
[Rules and Regulations]
[Pages 19334-19335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8843]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 51

[CC Docket No. 96-98; FCC 99-238]


Revision of the Commission's Rules Specifying the Portions of the 
Nation's Local Telephone Networks that Incumbent Local Telephone 
Companies Must Make Available to Competitors

AGENCY: Federal Communications Commission.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission published in the Federal 
Register of January 18, 2000 (65 FR 2542) a report and order and final 
rule, 47 CFR 51.319, specifying which portions of their telephone 
networks incumbent local exchange carriers must make available to 
competitive telecommunications carriers as unbundled network elements. 
The document, as published, inadvertently removed a portion of 52.319 
that the Commission added to the rule previously on January 10, 2000 
(65 FR 1331) addressing the obligation of incumbent local exchange 
carriers to make available the high frequency portion of the local loop 
as a new network element. The purpose of this correction is to add this 
portion of the rule back into 47 CFR 51.319.

DATES: Effective on April 11, 2000.

FOR FURTHER INFORMATION CONTACT: Jodie Donovan-May, Policy and Program 
Planning Division, Common Carrier Bureau, at (202) 418-1580.

SUPPLEMENTARY INFORMATION: The Federal Communications Commission 
published a report and order and final rule in the Federal Register of 
January 18, 2000 (65 FR 2542). As published, this final rule 
inadvertently removed paragraph (h). The Commission had added paragraph 
(h) to Sec. 51.310 in a report and order and final rule published in 
the Federal Register of January 10, 2000 (65 FR 1331). This correction 
adds paragraph (h) back into the Commission's final rule.

    Specifically, in rule FR Doc. 00-1036 published on January 18, 2000 
(65 FR 2542), make the following correction:

    1. On page 2554, in the third column, in Sec. 51.319, paragraph (h) 
is added to read as follows:


Sec. 51.319  Specific unbundling requirements.

* * * * *
    (h) High frequency portion of the loop. (1) The high frequency 
portion of the loop network element is defined as the frequency range 
above the voiceband on a copper loop facility that is being used to 
carry analog circuit-switched voiceband transmissions.
    (2) An incumbent LEC shall provide nondiscriminatory access in 
accordance with Sec. 51.311 of these rules and section 251(c)(3) of the 
Act to the high frequency portion of a loop to any requesting 
telecommunications carrier for the provision of a telecommunications 
service conforming with Sec. 51.230 of these rules.
    (3) An incumbent LEC shall only provide a requesting carrier with 
access to the high frequency portion of the loop if the incumbent LEC 
is providing, and continues to provide, analog circuit-switched 
voiceband services on the particular loop for which the requesting 
carrier seeks access.
    (4) Control of the loop and splitter functionality. In situations 
where a requesting carrier is obtaining access to the high frequency 
portion of the loop, the incumbent LEC may maintain control over the 
loop and splitter

[[Page 19335]]

equipment and functions, and shall provide to requesting carriers loop 
and splitter functionality that is compatible with any transmission 
technology that the requesting carrier seeks to deploy using the high 
frequency portion of the loop, as defined in this subsection, provided 
that such transmission technology is presumed to be deployable pursuant 
to Sec. 51.230.
    (5) Loop conditioning. (i) An incumbent LEC must condition loops to 
enable requesting carriers to access the high frequency portion of the 
loop spectrum, in accordance with Secs. 51.319(a)(3), and 51.319(h)(1). 
If the incumbent LEC seeks compensation from the requesting carrier for 
line conditioning, the requesting carrier has the option of refusing, 
in whole, or in part, to have the line conditioned, and a requesting 
carrier's refusal of some or all aspects of line conditioning will not 
diminish its right of access to the high frequency portion of the loop
    (ii) Where conditioning the loop will significantly degrade, as 
defined in Sec. 51.233, the voiceband services that the incumbent LEC 
is currently providing over that loop, the incumbent LEC must either:
    (A) Locate another loop that has been or can be conditioned, 
migrate the incumbent LEC's voiceband service to that loop, and provide 
the requesting carrier with access to the high frequency portion of the 
alternative loop; or
    (B) Make a showing to the relevant state commission that the 
original loop cannot be conditioned without significantly degrading 
voiceband services on that loop, as defined in Sec. 51.233, and that 
there is no adjacent or alternative loop available that can be 
conditioned or to which the customer's voiceband service can be moved 
to enable line sharing.
    (iii) If the relevant state commission concludes that a loop cannot 
be conditioned without significantly degrading the voiceband service, 
the incumbent LEC cannot then or subsequently condition that loop to 
provide advanced services to its own customers without first making 
available to any requesting carrier the high frequency portion of the 
newly-conditioned loop.
    (6) Digital loop carrier systems. Incumbent LECs must provide to 
requesting carriers unbundled access to the high frequency portion of 
the loop at the remote terminal as well as the central office, pursuant 
to Sec. 51.319(a)(2) and Sec. 51.319(h)(1).
    (7) Maintenance, repair, and testing. (i) Incumbent LECs must 
provide, on a nondiscriminatory basis, physical loop test access points 
to requesting carriers at the splitter, through a cross-connection to 
the competitor's collocation space, or through a standardized 
interface, such as an intermediate distribution frame or a test access 
server, for the purposes of loop testing, maintenance, and repair 
activities.
    (ii) An incumbent seeking to utilize an alternative physical access 
methodology may request approval to do so from the relevant state 
commission, but must show that the proposed alternative method is 
reasonable, nondiscriminatory, and will not disadvantage a requesting 
carrier's ability to perform loop or service testing maintenance or 
repair.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-8843 Filed 4-10-00; 8:45 am]
BILLING CODE 6712-01-M