[Federal Register Volume 66, Number 25 (Tuesday, February 6, 2001)]
[Rules and Regulations]
[Pages 9035-9036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2915]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 51

[CC Docket No. 98-147; CC Docket No. 96-98; FCC 01-26]


Deployment of Wireline Services Offering Advanced 
Telecommunications Capability and Implementation of the Local 
Competition Provisions of the Telecommunications Act of 1996

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: This document addresses five petitions for reconsideration 
and/or clarification of the Commission's Line Sharing Order, in which 
the Commission required incumbent local exchange carriers (LECs) to 
make a portion of their voice customer's local loop available to 
competitive providers of advanced services. The Commission denies two 
of these petitions, and grants three of them.

DATES: Effective February 6, 2001.

FOR FURTHER INFORMATION CONTACT: Jessica Rosenworcel, Attorney Advisor, 
Policy and Program Planning Division, Common Carrier Bureau, (202) 418-
1580.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Report and Order on Reconsideration in CC Docket No. 98-147 and the 
Commission's Fourth Report and Order on Reconsideration in CC Docket 
No. 96-98. The complete text of this document is available for 
inspection and copying during normal 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 Reconsideration Order

    1. The Commission takes several actions in this Reconsideration 
Order with respect to line sharing. Specifically, it clarifies that the 
requirement for an incumbent LEC to provide line sharing applies to the 
entire loop, even where the incumbent LEC has deployed fiber in the 
loop. With regard to line splitting, it grants AT&T and WorldCom's 
request for clarification that the incumbent LECs must permit competing 
carriers

[[Page 9036]]

providing voice service using the unbundled-network-element (UNE) 
platform to self-provision or partner with a data carrier in order to 
provide voice and data service on the same line. The Commission denies 
Bell Atlantic's request for clarification that data carriers 
participating in line sharing arrangements are not required to have 
access to the loop's entire frequency range for testing purposes. It 
also denies Bell Atlantic's request that the Commission reconsider the 
requirement that incumbent LECs refusing to condition a loop 
demonstrate to the relevant state commission that conditioning the 
specific loop in question will significantly degrade voiceband 
services. Also, the Commission grants the joint petition of the 
National Telephone Cooperative Association and the National Rural 
Telephone Association for clarification regarding the line sharing 
obligations of rural incumbent LECs. The Commission rejects Bell 
Atlantic's contention that the industry is permitted to adopt a line 
sharing deployment schedule other than the one developed in the Line 
Sharing Order.
    2. The Commission also takes several actions concerning spectrum 
management. First, it denies BellSouth's request that the Commission 
reconsider its finding that new technologies are presumed deployable 
anywhere when successfully deployed in one state without significantly 
degrading the performance of other services. Second, it denies Bell 
Atlantic's request for the Commission to reconsider its conclusion that 
state commissions are in the best position to determine the disposition 
of known disturbers in the network.

Ordering Clauses

    3. Pursuant to the authority contained in sections 1-4, 201, 202, 
251-254, 256, 271, and 303(r) of the Communications Act of 1934, as 
amended, 47 U.S.C. 51-154, 201, 202, 251-254, 256, 271, and 303(r), 
that the Third Report and Order on Reconsideration in CC Docket No. 98-
147 and the Fourth Report and Order on Reconsideration in CC Docket No. 
96-98 Are Adopted.
    4. Pursuant to sections 1-4, 201, 202, 251-254, 256, 271, and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 151-
154, 201, 202, 251-254, 256, 271, and 303(r) that the petitions for 
reconsideration filed by Bell Atlantic and BellSouth on February 9, 
2000, Are Denied.
    5. Pursuant to sections 1-4, 201, 202, 251-254, 256, 271, and 
303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 151-
154, 201, 202, 251,-254, 256, 271, and 303(r), that the petitions for 
reconsideration filed by AT&T Corp., MCI WorldCom, Inc., and the 
National Telephone Cooperative Association and the National Rural 
Telephone Association on February 9, 2000, Are Granted to the extent 
indicated herein and otherwise Are Denied.

List of Subjects in 47 CFR Part 51

    Communications common carriers, Telecommunications, 
Interconnection.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-2915 Filed 2-5-01; 8:45 am]
BILLING CODE 6712-01-U