[Federal Register Volume 66, Number 22 (Thursday, February 1, 2001)]
[Proposed Rules]
[Pages 8555-8557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2759]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 51

[CC Docket No. 96-98; DA 01-169]


Comments Sought On the Use of Unbundled Network Elements To 
Provide Exchange Access Service

AGENCY: Federal Communications Commission.

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ACTION: Proposed rule.

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SUMMARY: The Commission issued a public notice requesting comment on 
the use of unbundled network elements to provide exchange access 
service. It seeks comment, in particular, on whether carriers are 
impaired in their ability to provide special access services without 
access to unbundled loop-transport combinations.

DATES: Comments are due March 5, 2001 and reply comments are due March 
19, 2001.

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

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice regarding CC Docket No. 96-98, released on January 24, 2001. The 
complete text of this Order is available for inspection and copying 
during regular business hours in the FCC Reference Information Center, 
Courtyard Level, 445 12th Street, SW., Washington, DC, and also may be 
purchased from the Commission's copy contractor, International 
Transcription Services (ITS, Inc.), CY-B400, 445 12th Street, SW., 
Washington, DC. It is also available on the Commission's website at 
http://www.fcc.gov.

Synopsis of Public Notice

    1. Part of the inquiry that the Commission will undertake in 
addressing the issues raised in the Fourth Further Notice of Proposed 
Rulemaking (Fourth FNPRM) in CC Docket No. 96-98 (65 FR 2367, Jan. 14, 
2000), regarding the ability of requesting carriers to use combinations 
of unbundled network elements, is whether the exchange access and local 
exchange markets are so interrelated from an economic and technological 
perspective that a finding that a network element meets the ``impair'' 
standard under section 251(d)(2) of the Act for the local exchange 
market would itself entitle competitors to use that network element 
solely or primarily in the exchange access market. The Supplemental 
Order Clarification in CC Docket No. 96-98 (65 FR 38214, June 20, 2000) 
also concluded that the Commission must take into account the market 
effects of the unbundling rules issued in the Third Report and Order in 
this same docket (65 FR 2542, Jan. 18, 2000) in order to evaluate 
whether or not carriers are impaired for special access service without 
access to combinations of unbundled network elements. The Commission 
stated that it would issue a Public Notice in early 2001 to gather 
evidence on these issues. Accordingly, we seek comment on the following 
specific questions and on any other relevant issues that will assist 
the Commission in determining whether combinations of unbundled network 
elements should be made available for the sole or primary purpose of 
providing exchange access service.
    2. Is the exchange access market economically and technically 
distinct from the local exchange market? If the markets are distinct, 
are requesting carriers impaired in their ability to provide special 
access services without access to loop-transport combinations? 
Specifically, we seek comment on whether, taking into consideration the 
availability of alternative elements outside the incumbent's network, 
including self-provisioning or acquiring an alternative from a third-
party supplier, lack of access to loop-transport combinations would 
materially diminish a requesting carrier's ability to provide special 
access service. Are the same facilities that are available to 
interexchange carriers (IXCs) for exchange access service equally 
available to competitive LECs to provide local exchange service, 
thereby making it technically or practically difficult to differentiate 
between the two markets for purposes of an ``impairment'' analysis? One 
commenter stated in response to the Fourth FNPRM that the Commission 
needs to undertake two separate impairment analyses for the special 
access and private line markets: (1) Whether IXCs are impaired in their 
ability to provide interexchange private line services without access 
to unbundled loop-transport combinations; and (2) whether competitive 
providers of special access and private line services are impaired 
without access to unbundled loop-transport combinations. We seek 
comment on whether this is necessary or whether it is appropriate to 
treat special access and private line service as a single market.
    3. We stated in the Third Report and Order that in some markets, 
particularly those markets serving high-volume business customers, it 
may be practical and economical for carriers to compete using self-
provisioned facilities, but that in other markets, typically those 
consisting of residential and small business customers, the delay and 
cost associated with self-provisioning will preclude carriers from 
serving that market without access to unbundled network elements. We 
seek comment on the nature of the special access and private line 
market in terms of the types of end user customers carriers typically 
serve in this market. Do these customers use high capacity facilities 
that carriers can self-provision or obtain without being impaired in 
terms of cost, timeliness, quality, ubiquity and impact on network 
operation, or in terms of any of the other factors identified as part 
of the Commission's unbundling analysis? Do these impairment criteria 
differ based on the type of facility that the customer uses (e.g. DS1 
or DS3)? Given the point-to-point nature of the special access market, 
are alternative transport facilities ubiquitously available both to and 
from the specific points where requesting carriers need them? 
Consistent with our stated concerns regarding universal service, we 
also seek comment on whether a permanent local usage requirement for 
unbundled network element combinations could impact how carriers 
classify end user revenue for purposes of interstate universal service 
contributions.
    4. The Commission also stated in the Supplemental Order 
Clarification that it would seek comment in this Public Notice on 
whether requesting carriers should be permitted to combine unbundled 
network elements with tariffed access services that they purchase from 
the incumbent LECs. This practice is referred to as ``co-mingling'' and 
is currently prohibited under the terms of the Supplemental Order 
Clarification. Specifically, if a requesting carrier converts special 
access circuits to combinations of unbundled network elements, we ask 
parties to comment on whether such circuits may remain connected to any 
existing access service circuits without regard to the nature of the 
traffic carried over the access circuits. Should incumbent LECs be 
required to co-mingle unbundled loops and loop-transport combinations 
for competitive carriers if they do so in their own networks? Does a 
prohibition on co-mingling force competitive carriers to operate two 
overlapping networks--one for local traffic and one for access 
traffic--even if there is spare capacity on the unconverted access 
circuits that could be used to carry local traffic? We also seek 
comment on what impact, if any, co-mingling may generally have on the 
Commission's unbundling requirements.
    5. Parties submitting comments in response to this public notice 
must file initial comments 30 days after publication in the Federal 
Register and reply comments 45 days after publication in the Federal 
Register.
    6. Ex parte presentations in this proceeding continue to be 
governed by the procedures set forth in Sec. 1.1206 of the Commission's 
rules, 47 CFR 1.1206,

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covering ``permit-but-disclose'' proceedings.
    7. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS) or by filing paper copies. See Electronic Filing 
of Documents in Rulemaking Proceedings, 63 FR 24,121 (1998). Comments 
filed through the ECFS can be sent as an electronic file via the 
Internet to http://www.fcc.gov/e-file/ecfs.html. Generally, only one 
copy of an electronic submission must be filed. If multiple docket or 
rulemaking numbers appear in the caption of this proceeding, however, 
commenters must transmit one electronic copy of the comments to each 
docket or rulemaking number referenced in the caption. In completing 
the transmittal screen, commenters should include their full name, 
Postal Service mailing address, and the applicable docket or rulemaking 
number. Parties may also submit electronic comments by Internet e-mail. 
To receive filing instructions for e-mail comments, commenters should 
send an e-mail to [email protected], and should include the following words 
in the body of the message, ``get form (your e-mail address).'' A 
sample form and directions will be sent in reply.
    8. Parties who choose to file by paper must file an original and 
four copies of each filing with the Office of the Secretary, FCC, 445 
12th Street, SW., Suite TW-A325, Washington, DC 20554. In addition, 
parties should send two copies to Janice Myles, Common Carrier Bureau 
Policy and Program Planning Division, 445 12th Street, SW., 5-C327, 
Washington, DC 20554. Comments and reply comments will be available for 
public inspection and copying during regular business hours in the 
Commission's Public Reference Center, 445 12th Street, SW., Suite CY-
A257, Washington, DC 20554, 202-418-0270. Copies will also be available 
from International Transcription Service, 445 12th Street, SW., Suite 
CY-B400, Washington, DC 20554, or by calling 202-314-3070.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-2759 Filed 1-31-01; 8:45 am]
BILLING CODE 6712-01-U