[Federal Register Volume 68, Number 218 (Wednesday, November 12, 2003)]
[Rules and Regulations]
[Pages 63999-64000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28243]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 51

[CC Docket Nos. 01-338; CC Docket No. 96-98; CC Docket No. 98-147; FCC 
03-36]


Review of the Section 251 Unbundling Obligations of Incumbent 
Local Exchange Carriers; Implementation of the Local Competition 
Provisions of the Telecommunications Act of 1996; Deployment of 
Wireline Services Offering Advanced Telecommunications Capability

AGENCY: Federal Communications Commission.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final rules, which 
were published in the Federal Register (68 FR 52276, September 2, 
2003). The rules established a new standard for determining the 
existence of impairment under section 251(d)(2) of the Communications 
Act of 1934, as amended, set forth a new list of unbundled network 
elements (UNEs), and created a specifically defined role for the states 
in the unbundling inquiry.

DATES: Effective October 2, 2003.

FOR FURTHER INFORMATION CONTACT: Jeremy Miller, Attorney-Advisor, 
Wireline Competition Bureau, at (202) 418-1580 or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: On September 2, 2003, the Federal Register 
published a summary of the Commission's Report and Order and Order on 
Remand, adopted February 20, 2003, and released August 21, 2003, along 
with final rules adopted by the Commission. This document corrects 
those rules by replacing portions of Sec. Sec.  51.318(b) through 
51.319(d).

Need for Correction

    1. As published, the final rules contain errors which may prove to 
be misleading and need to be clarified.

[[Page 64000]]

List of Subjects in 47 CFR Part 51

    Interconnection, Telecommunications carriers.

0
1. The authority citation for part 51 is revised 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, unless otherwise noted.

0
2. Revise paragraph 51.318(b) introductory text to read as follows:


Sec.  51.318  Eligibility criteria for access to certain unbundled 
network elements.

* * * * *
    (b) An incumbent LEC need not provide access to an unbundled DS1 
loop in combination, or commingled, with a dedicated DS1 transport or 
dedicated DS3 transport facility or service, or to an unbundled DS3 
loop in combination, or commingled, with a dedicated DS3 transport 
facility or service, or an unbundled dedicated DS1 transport facility 
in combination, or commingled, with an unbundled DS1 loop or a DS1 
channel termination service, or to an unbundled dedicated DS3 transport 
facility in combination, or commingled, with an unbundled DS1 loop or a 
DS1 channel termination service, or to an unbundled DS3 loop or a DS3 
channel termination service, unless the requesting telecommunications 
carrier certifies that all of the following conditions are met:
* * * * *

0
3. Section 51.319 is amended by revising paragraphs (a)(3) introductory 
text, (a)(3)(i), (d)(2)(iii)(A)(1) and (d)(2)(iii)(A)(2) to read as 
follows:


Sec.  51.319  Specific unbundling requirements.

    (a) * * *
    (3) 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, and 
serving an end user's customer premises.
    (i) New builds. An incumbent LEC is not required to provide 
nondiscriminatory access to a fiber-to-the-home 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.
* * * * *
    (d) * * *
    (2) * * *
    (iii) * * *
    (A) * * *
    (1) Local switching self-provisioning trigger. To satisfy this 
trigger, a state commission must find that three or more competing 
providers not affiliated with each other or the incumbent LEC, 
including intermodal providers of service comparable in quality to that 
of the incumbent LEC, each are serving mass market customers in the 
particular market with the use of their own local switches.
    (2) Local switching competitive wholesale facilities trigger. To 
satisfy this trigger, a state commission must find that two or more 
competing providers not affiliated with each other or the incumbent 
LEC, including intermodal providers of service comparable in quality to 
that of the incumbent LEC, each offer wholesale local switching service 
to customers serving DS0 capacity loops in that market using their own 
switches.
* * * * *

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-28243 Filed 11-10-03; 8:45 am]
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