Nonsubstantive, Editorial or Conforming Amendments of the Commission's Rules, 5745-5750 [2013-00838]
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Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
David Konczal, David.Konczal@fcc.gov,
of the Media Bureau, Policy Division,
(202) 418–2120.
SUPPLEMENTARY INFORMATION: The
Federal Communications Commission
(FCC or Commission) published a
document in the Federal Register on
November 16, 2011 (76 FR 70904)
deleting § 1.229(b)(2) and redesignating
§ 1.229(b)(3) as § 1.229(b)(2). That
document inadvertently failed to
account for changes to § 1.229(b) that
the FCC adopted in the Second Report
and Order in MB Docket No. 07–42 on
July 29, 2011, which were subsequently
published in the Federal Register on
September 29, 2011 (76 FR 60652) and
took effect after the information
collection requirements were approved
by the Office of Management and
Budget (‘‘OMB’’) under the Paperwork
Reduction Act, 77 FR 6479, February 8,
2012. This document conforms the
amendments to § 1.229(b) adopted in
the Second Report and Order, which
became effective on February 8, 2012,
and to the amendments to § 1.229(b)
that took effect previously on November
16, 2011.
of the designation order in the Federal
Register. (See § 1.223).
(3) Any person desiring to file a
motion to modify the issues after the
expiration of periods specified in
paragraphs (a), (b)(1), and (b)(2) of this
section shall set forth the reason why it
was not possible to file the motion
within the prescribed period. Except as
provided in paragraph (c) of this
section, the motion will be granted only
if good cause is shown for the delay in
filing. Motions for modifications of
issues which are based on new facts or
newly discovered facts shall be filed
within 15 days after such facts are
discovered by the moving party.
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Federal Communications Commission.
William T. Lake,
Chief, Media Bureau.
[FR Doc. 2013–01425 Filed 1–25–13; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 32, 51 and 69
List of Subjects in 47 CFR Part 1
[DA 12–1552]
Administrative practice and
procedure, Claims, Investigations,
Lawyers, Telecommunications.
Accordingly, 47 CFR part 1 is
corrected by making the following
correcting amendments:
Nonsubstantive, Editorial or
Conforming Amendments of the
Commission’s Rules
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
PART 1—PRACTICE AND
PROCEDURE
1. The authority citation for part 1
continues to read as follows:
■
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C.
151, 154(i), 154(j), 155, 157, 225, 227, 303(r),
and 309.
2. Section 1.229 is amended by
revising paragraph (b)(2) and adding
paragraph (b)(3) to read as follows:
■
§ 1.229 Motions to enlarge, change, or
delete issues.
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(b) * * *
(2) For program carriage complaints
filed pursuant to § 76.1302 of this
chapter that the Chief, Media Bureau
refers to an administrative law judge for
an initial decision, such motions shall
be filed within 15 calendar days after
the deadline for submitting written
appearances pursuant to § 1.221(h),
except that persons not named as parties
to the proceeding in the designation
order may file such motions with their
petitions to intervene up to 30 days after
publication of the full text or a summary
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This document makes a
number of nonsubstantive, editorial or
conforming revisions to the
Commission’s rules. These revisions are
made to delete certain rule provisions
that are without current legal effect or
are otherwise obsolete. They are also
made to clarify, simplify, and
harmonize Commission rules, making
the rules more readily accessible to the
public and avoiding potential confusion
for interested parties and Commission
staff alike. In addition to deleting
balance sheet account instructions that
are now obsolete, as well as references
to rules that have previously been
deleted, this document deletes and
amends rules that refer to unbundled
network elements that are no longer
subject to unbundling as a result of
decisions in the Triennial Review
proceedings or expired transition
periods.
SUMMARY:
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DATES:
Effective January 28, 2013.
Kirk
Burgee, Wireline Competition Bureau,
Front Office, (202) 418–1500, or send an
email to kirk.burgee@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
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5745
In this
Order, we make a number of
nonsubstantive, editorial or conforming
revisions to parts 32, 51 and 69 of the
Commission’s rules. We make these
revisions to delete certain rule
provisions that are without current legal
effect or are otherwise obsolete. These
nonsubstantive revisions are part of the
Commission’s ongoing examination and
improvement of FCC processes and
procedures. The revisions clarify,
simplify, and harmonize our rules,
making the rules more readily accessible
to the public and avoiding potential
confusion for interested parties and
Commission staff alike. The revisions
and the specific reasons we are adopting
each one are set forth below.
SUPPLEMENTARY INFORMATION:
I. Part 32, Subpart C, Instructions for
Balance Sheet Accounts
1. This Order amends part 32, subpart
C, Instructions for Balance Sheet
Accounts, to delete § 32.2321, which is
obsolete. Section 32.2321 creates an
account in the Uniform System of
Accounts for incumbent local exchange
carriers’ (incumbent LECs’) embedded
customer premises wiring that was
capitalized prior to October 1, 1984. By
Commission order, the full amortization
of all inside wiring was to be completed
by September 30, 1994 and therefore the
rule has no further applicability.
II. Part 51, Subpart D, Additional
Obligations of Incumbent Local
Exchange Carriers
2. This Order amends rules in part 51,
subpart D, Additional Obligations of
Incumbent Local Exchange Carriers,
which, among other things, establishes
a list of unbundled network elements
(UNEs) that are subject to the
unbundling rules adopted in the
Commission’s Triennial Review
proceedings, and the terms for
unbundling these network elements. See
Triennial Review Order, FCC 03–227,
published at 68 FR 52276, 52295–305;
Unbundled Access to Network
Elements; Review of the Section 251
Triennial Review Remand Order, FCC
04–290, published at 70 FR 8940, 8953–
55, February 24, 2005. Specifically, this
Order makes the following deletions or
amendments to part 51 rules that refer
to UNEs that are no longer subject to
unbundling as a result of decisions in
the Triennial Review proceedings or
expired transition periods:
• This Order deletes § 51.319(a)(1)(i),
which references ‘‘line sharing’’ as a
UNE that is subject to unbundling, to
conform to judicial decision. See United
States Telecom Ass’n v. FCC, 290 F.3d
415, 428–29 (2002) (vacating the
Commission’s decision to provide
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CLECs with unbundled access to the
high frequency portion of copper loops
to provide broadband DSL services,
primarily because the Commission had
failed to consider the relevance of
intermodal competition in the
broadband market). The definition of
‘‘high-frequency portion of the loop’’ in
§ 51.319(a)(1)(i) has continuing
relevance for the Commission’s
unbundling requirements, specifically
with regard to line splitting under
§ 51.319(a)(1)(ii). Accordingly, in
deleting § 51.319(a)(1)(i), this order
moves the definition of ‘‘high-frequency
portion of the loop’’ to the end of
§ 51.319(a)(1)(ii) and redesignates
§ 51.319(a)(1)(ii) through 51.319(a)(1)(v)
as § 51.319(a)(1)(i) through
51.319(a)(1)(iv). This Order also deletes
the reference to unbundled ‘‘local
circuit switching’’ in § 51.319(a)(1)(ii)
(redesignated as § 51.319(a)(1)(i)), to
implement the Triennial Review
Remand Order, FCC 04–290, published
at 70 FR 8940, February 24, 2005.
• This Order deletes references to
‘‘the high-frequency portion of the
copper loop’’ in § 51.319(a)(1)(iii)
(redesignated as § 51.319(a)(1)(ii)), to
conform to judicial decision. See United
States Telecom Ass’n v. FCC, 290 F.3d
415, 428–29 (2002).
• This Order deletes
§ 51.319(a)(1)(iii)(D) & (E) to conform to
judicial decision. See United States
Telecom Ass’n v. FCC, 290 F.3d 415,
428–29 (2002).
• This Order amends § 51.319(a)(1)(v)
(redesignated as 51.319(a)(1)(iv)) to
delete the reference to ‘‘line sharing,’’ to
conform to judicial decision. See United
States Telecom Ass’n v. FCC, 290 F.3d
415, 428–29 (2002).
• This Order deletes a reference in
§ 51.319(a)(7)(ii) to network
modifications that would enable a
requesting telecommunications carrier
to obtain access to a dark fiber loop.
This deletion reflects the fact that the
Commission previously eliminated the
requirement to make dark fiber loops
available as unbundled network
elements.
• This Order deletes § 51.319(d) to
conform to judicial decision,
redesignates § 51.319(e) through (g) as
§ 51.319(d) through (f)), and amends all
internal cross-references to reflect these
redesignations.
• This Order deletes
§ 51.319(a)(4)(iii), 51.319(a)(5)(iii),
51.319(a)(6)(ii), 51.319(e)(2)(ii)(C),
51.319(e)(2)(iii)(C), and
51.319(e)(2)(iv)(B), all of which
establish transition periods that have
expired. In addition, this Order revises
§ 51.319(a)(6)(i) to designate that section
as § 51.319(a)(6), and restructures
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51.319(e)(2)(iv), redesignated as
51.319(d)(2)(iv), to eliminate
§ 51.319(e)(2)(iv)(A) as a separate
section and to consolidate its text into
redesignated § 51.319(d)(2)(iv).
III. Part 69, Access Charges
3. This Order amends Part 69, Access
Charges, to delete references to § 54.303,
Long Term Support, which the
Commission deleted in the USF/ICC
Transformation Order, FCC 11–161,
published at 77 FR 26987, May 8, 2012.
4. Specifically, this Order amends
§ 69.415(c) to remove references to
§ 54.303 and ‘‘long term support,’’
deletes § 69.2(y) and § 69.502(c), which
reference § 54.303, and redesignates
§ 69.502(d) and (e) as § 69.502(c) and
(d), respectively.
5. The rule amendments adopted in
this Order and set forth in the attached
Appendix are nonsubstantive, editorial
revisions of the rules pursuant to 47
CFR 0.231(b). These revisions delete
rule provisions that are without current
legal effect or are otherwise obsolete,
and delete references to obsolete rules
and statutes. Accordingly, we find good
cause to conclude that notice and
comment procedures are unnecessary
and would not serve any useful
purpose. For the same reason, we also
find good cause to make these
nonsubstantive, editorial revisions of
the rules effective upon publication in
the Federal Register.
pursuant to the Congressional Review
Act. See 5 U.S.C. 801(a)(1)(A).
V. Ordering Clauses
9. Accordingly, It is ordered that,
effective upon publication in the
Federal Register, Parts 32, 51, and 69 of
the Commission’s rules are amended, as
set forth in the attached Final Rules
caption, pursuant to the authority
contained in Sections 4(i), 5(c), and
303(r) of the Communications Act, 47
U.S.C. 154(i), 155(c), and 303(r), and
Section 0.231(b) of the Commission’s
regulations, 47 CFR 0.231(b).
10. It is further ordered that the
Secretary shall cause a copy of this
Order to be published in the Federal
Register.
List of Subjects
47 CFR Part 32
Communications common carriers,
Reporting and recordkeeping
requirements, Telephone, Uniform
System of Accounts.
47 CFR Part 51
Communications common carriers,
Telecommunications.
47 CFR Part 69
Communications common carriers,
Reporting and recordkeeping
requirements, Telephone.
IV. Procedural Matters
Federal Communications Commission.
Julie Veach,
Chief, Wireline Competition Bureau.
A. Regulatory Flexibility Act
6. Because we adopt this Order
without notice and comment, the
Regulatory Flexibility Act does not
apply.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 32,
51, and 69 as follows:
B. Paperwork Reduction Act
7. The rules contained herein have
been analyzed with respect to the
Paperwork Reduction Act of 1995 and
found to contain no new or modified
form, information collection, and/or
recordkeeping, labeling, disclosure, or
record retention requirements, and will
not increase or decrease burden hours
imposed on the public. See Public Law
104 through 113, 44 U.S.C. 3501, et. seq.
In addition, therefore, this Order does
not contain any new or modified
‘‘information collection burden for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002.
See Public Law 107 through 198, 44
U.S.C. 3506(c)(4).
C. Congressional Review Act
8. The Commission will send a copy
of this Order in a report to Congress and
the Government Accountability Office
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PART 32—UNIFORM SYSTEM OF
ACCOUNTS FOR
TELECOMMUNICATIONS COMPANIES
1. The authority citation for part 32
continues to read as follows:
■
Authority: 47 U.S.C. 154(i), 154(j) and 220
as amended.
§ 32.2321
■
[Removed]
2. Remove § 32.2321.
PART 51—INTERCONNECTION
3. The authority citation for part 51
continues 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.
4. Amend § 51.319 by revising
paragraph (a), by removing paragraph
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(d) and redesignating paragraphs (e)
through (g) as paragraphs (d) through (f)
and revising newly redesignated
paragraph (d) to read as follows:
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§ 51.319 Specific unbundling
requirements.
(a) Local loops. An incumbent LEC
shall provide a requesting
telecommunications carrier with
nondiscriminatory access to the local
loop on an unbundled basis, in
accordance with section 251(c)(3) of the
Act and this part and as set forth in
paragraphs (a)(1) through (8) of this
section. 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. This
element includes all features, functions,
and capabilities of such transmission
facility, including the network interface
device. It also includes all electronics,
optronics, and intermediate devices
(including repeaters and load coils)
used to establish the transmission path
to the end-user customer premises as
well as any inside wire owned or
controlled by the incumbent LEC that is
part of that transmission path.
(1) Copper loops. An incumbent LEC
shall provide a requesting
telecommunications carrier with
nondiscriminatory access to the copper
loop on an unbundled basis. A copper
loop is a stand-alone local loop
comprised entirely of copper wire or
cable. Copper loops include two-wire
and four-wire analog voice-grade copper
loops, digital copper loops (e.g., DS0s
and integrated services digital network
lines), as well as two-wire and four-wire
copper loops conditioned to transmit
the digital signals needed to provide
digital subscriber line services,
regardless of whether the copper loops
are in service or held as spares. The
copper loop includes attached
electronics using time division
multiplexing technology, but does not
include packet switching capabilities as
defined in paragraph (a)(2)(i) of this
section. The availability of DS1 and DS3
copper loops is subject to the
requirements of paragraphs (a)(4) and
(5) of this section.
(i) Line splitting. An incumbent LEC
shall provide a requesting
telecommunications carrier that obtains
an unbundled copper loop from the
incumbent LEC with the ability to
engage in line splitting arrangements
with another competitive LEC using a
splitter collocated at the central office
where the loop terminates into a
distribution frame or its equivalent. Line
splitting is the process in which one
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competitive LEC provides narrowband
voice service over the low frequency
portion of a copper loop and a second
competitive LEC provides digital
subscriber line service over the high
frequency portion of that same loop.
The high frequency portion of the loop
consists of the frequency range on the
copper loop above the range that carries
analog circuit-switched voice
transmissions. This portion of the loop
includes the features, functions, and
capabilities of the loop that are used to
establish a complete transmission path
on the high frequency range between the
incumbent LEC’s distribution frame (or
its equivalent) in its central office and
the demarcation point at the end-user
customer premises, and includes the
high frequency portion of any inside
wire owned or controlled by the
incumbent LEC.
(A) An incumbent LEC’s obligation,
under paragraph (a)(1)(i) of this section,
to provide a requesting
telecommunications carrier with the
ability to engage in line splitting applies
regardless of whether the carrier
providing voice service provides its own
switching or obtains local circuit
switching from the incumbent LEC.
(B) An incumbent LEC must make all
necessary network modifications,
including providing nondiscriminatory
access to operations support systems
necessary for pre-ordering, ordering,
provisioning, maintenance and repair,
and billing for loops used in line
splitting arrangements.
(ii) Line conditioning. The incumbent
LEC shall condition a copper loop at the
request of the carrier seeking access to
a copper loop under paragraph (a)(1) of
this section or a copper subloop under
paragraph (b) of this section to ensure
that the copper loop or copper subloop
is suitable for providing digital
subscriber line services, whether or not
the incumbent LEC offers advanced
services to the end-user customer on
that copper loop or copper subloop. If
the incumbent LEC seeks compensation
from the requesting telecommunications
carrier for line conditioning, the
requesting telecommunications carrier
has the option of refusing, in whole or
in part, to have the line conditioned;
and a requesting telecommunications
carrier’s refusal of some or all aspects of
line conditioning will not diminish any
right it may have, under paragraphs (a)
and (b) of this section, to access the
copper loop or the copper subloop.
(A) Line conditioning is defined as
the removal from a copper loop or
copper subloop of any device that could
diminish the capability of the loop or
subloop to deliver high-speed switched
wireline telecommunications capability,
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including digital subscriber line service.
Such devices include, but are not
limited to, bridge taps, load coils, low
pass filters, and range extenders.
(B) Incumbent LECs shall recover the
costs 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 and in compliance
with rules governing nonrecurring costs
in § 51.507(e).
(C) Insofar as it is technically feasible,
the incumbent LEC shall test and report
troubles for all the features, functions,
and capabilities of conditioned copper
lines, and may not restrict its testing to
voice transmission only.
(iii) Maintenance, repair, and testing.
(A) An incumbent LEC shall provide, on
a nondiscriminatory basis, physical loop
test access points to a requesting
telecommunications carrier at the
splitter, through a cross-connection to
the requesting telecommunications
carrier’s collocation space, or through a
standardized interface, such as an
intermediate distribution frame or a test
access server, for the purpose of testing,
maintaining, and repairing copper loops
and copper subloops.
(B) An incumbent LEC seeking to
utilize an alternative physical access
methodology may request approval to
do so from the state commission, but
must show that the proposed alternative
method is reasonable and
nondiscriminatory, and will not
disadvantage a requesting
telecommunications carrier’s ability to
perform loop or service testing,
maintenance, or repair.
(iv) Control of the loop and splitter
functionality. In situations where a
requesting telecommunications carrier
is obtaining access to the high frequency
portion of a copper loop through a line
splitting arrangement, the incumbent
LEC may maintain control over the loop
and splitter equipment and functions,
and shall provide to the requesting
telecommunications carrier loop and
splitter functionality that is compatible
with any transmission technology that
the requesting telecommunications
carrier seeks to deploy using the high
frequency portion of the loop, as
defined in paragraph (a)(1)(i) of this
section, provided that such transmission
technology is presumed to be
deployable pursuant to § 51.230.
(2) Hybrid loops. A hybrid loop is a
local loop composed of both fiber optic
cable, usually in the feeder plant, and
copper wire or cable, usually in the
distribution plant.
(i) Packet switching facilities,
features, functions, and capabilities. An
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incumbent LEC is not required to
provide unbundled access to the packet
switched features, functions and
capabilities of its hybrid loops. Packet
switching capability is the routing or
forwarding of 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 the digital subscriber line
access multiplexers, including but not
limited to the ability to terminate an
end-user customer’s copper loop (which
includes both a low-band voice channel
and a high-band data channel, or solely
a data channel); the ability to forward
the voice channels, if present, to a
circuit switch or multiple circuit
switches; the ability to extract data units
from the data channels on the loops;
and the ability to combine data units
from multiple loops onto one or more
trunks connecting to a packet switch or
packet switches.
(ii) Broadband services. When a
requesting telecommunications carrier
seeks access to a hybrid loop for the
provision of broadband services, an
incumbent LEC shall provide the
requesting telecommunications carrier
with nondiscriminatory access to the
time division multiplexing features,
functions, and capabilities of that
hybrid loop, including DS1 or DS3
capacity (where impairment has been
found to exist), on an unbundled basis
to establish a complete transmission
path between the incumbent LEC’s
central office and an end user’s
customer premises. This access shall
include access to all features, functions,
and capabilities of the hybrid loop that
are not used to transmit packetized
information.
(iii) Narrowband services. When a
requesting telecommunications carrier
seeks access to a hybrid loop for the
provision of narrowband services, the
incumbent LEC may either:
(A) Provide nondiscriminatory access,
on an unbundled basis, to an entire
hybrid loop capable of voice-grade
service (i.e., equivalent to DS0 capacity),
using time division multiplexing
technology; or
(B) Provide nondiscriminatory access
to a spare home-run copper loop serving
that customer on an unbundled basis.
(3) Fiber loops—(i) Definitions—(A)
Fiber-to-the-home loops. A fiber-to-thehome loop is a local loop consisting
entirely of fiber optic cable, whether
dark or lit, serving an end user’s
customer premises or, in the case of
predominantly residential multiple
dwelling units (MDUs), a fiber optic
cable, whether dark or lit, that extends
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to the multiunit premises’ minimum
point of entry (MPOE).
(B) Fiber-to-the-curb loops. A fiber-tothe-curb loop is a local loop consisting
of fiber optic cable connecting to a
copper distribution plant that is not
more than 500 feet from the customer’s
premises or, in the case of
predominantly residential MDUs, not
more than 500 feet from the MDU’s
MPOE. The fiber optic cable in a fiberto-the-curb loop must connect to a
copper distribution plant at a serving
area interface from which every other
copper distribution subloop also is not
more than 500 feet from the respective
customer’s premises.
(ii) New builds. An incumbent LEC is
not required to provide
nondiscriminatory access to a fiber-tothe-home loop or a fiber-to-the-curb
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.
(iii) Overbuilds. An incumbent LEC is
not required to provide
nondiscriminatory access to a fiber-tothe-home loop or a fiber-to-the-curb
loop on an unbundled basis when the
incumbent LEC has deployed such a
loop parallel to, or in replacement of, an
existing copper loop facility, except
that:
(A) The incumbent LEC must
maintain the existing copper loop
connected to the particular customer
premises after deploying the fiber-tothe-home loop or the fiber-to-the-curb
loop and provide nondiscriminatory
access to that copper loop on an
unbundled basis unless the incumbent
LEC retires the copper loops pursuant to
paragraph (a)(3)(iv) of this section.
(B) An incumbent LEC that maintains
the existing copper loops pursuant to
paragraph (a)(3)(iii)(A) of this section
need not incur any expenses to ensure
that the existing copper loop remains
capable of transmitting signals prior to
receiving a request for access pursuant
to that paragraph, in which case the
incumbent LEC shall restore the copper
loop to serviceable condition upon
request.
(C) An incumbent LEC that retires the
copper loop pursuant to paragraph
(a)(3)(iv) of this section shall provide
nondiscriminatory access to a 64
kilobits per second transmission path
capable of voice grade service over the
fiber-to-the-home loop or fiber-to-thecurb loop on an unbundled basis.
(iv) Retirement of copper loops or
copper subloops. Prior to retiring any
copper loop or copper subloop that has
been replaced with a fiber-to-the-home
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loop or a fiber-to-the-curb loop, an
incumbent LEC must comply with:
(A) The network disclosure
requirements set forth in section
251(c)(5) of the Act and in § 51.325
through § 51.335; and
(B) Any applicable state requirements.
(4) DS1 loops. (i) Subject to the cap
described in paragraph (a)(4)(ii) of this
section, an incumbent LEC shall provide
a requesting telecommunications carrier
with nondiscriminatory access to a DS1
loop on an unbundled basis to any
building not served by a wire center
with at least 60,000 business lines and
at least four fiber-based collocators.
Once a wire center exceeds both of these
thresholds, no future DS1 loop
unbundling will be required in that wire
center. A DS1 loop is a digital local loop
having a total digital signal speed of
1.544 megabytes per second. DS1 loops
include, but are not limited to, two-wire
and four-wire copper loops capable of
providing high-bit rate digital subscriber
line services, including T1 services.
(ii) Cap on unbundled DS1 loop
circuits. A requesting
telecommunications carrier may obtain
a maximum of ten unbundled DS1 loops
to any single building in which DS1
loops are available as unbundled loops.
(5) DS3 loops. (i) Subject to the cap
described in paragraph (a)(5)(ii) of this
section, an incumbent LEC shall provide
a requesting telecommunications carrier
with nondiscriminatory access to a DS3
loop on an unbundled basis to any
building not served by a wire center
with at least 38,000 business lines and
at least four fiber-based collocators.
Once a wire center exceeds both of these
thresholds, no future DS3 loop
unbundling will be required in that wire
center. A DS3 loop is a digital local loop
having a total digital signal speed of
44.736 megabytes per second.
(ii) Cap on unbundled DS3 loop
circuits. A requesting
telecommunications carrier may obtain
a maximum of a single unbundled DS3
loop to any single building in which
DS3 loops are available as unbundled
loops.
(6) Dark fiber loops. An incumbent
LEC is not required to provide
requesting telecommunications carriers
with access to a dark fiber loop on an
unbundled basis. Dark fiber is fiber
within an existing fiber optic cable that
has not yet been activated through
optronics to render it capable of
carrying communications services.
(7) Routine network modifications. (i)
An incumbent LEC shall make all
routine network modifications to
unbundled loop facilities used by
requesting telecommunications carriers
where the requested loop facility has
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already been constructed. An incumbent
LEC shall perform these routine network
modifications to unbundled loop
facilities in a nondiscriminatory
fashion, without regard to whether the
loop facility being accessed was
constructed on behalf, or in accordance
with the specifications, of any carrier.
(ii) A routine network modification is
an activity that the incumbent LEC
regularly undertakes for its own
customers. Routine network
modifications include, but are not
limited to, rearranging or splicing of
cable; adding an equipment case; adding
a doubler or repeater; adding a smart
jack; installing a repeater shelf; adding
a line card; deploying a new multiplexer
or reconfiguring an existing multiplexer;
and attaching electronic and other
equipment that the incumbent LEC
ordinarily attaches to a DS1 loop to
activate such loop for its own customer.
Routine network modifications may
entail activities such as accessing
manholes, deploying bucket trucks to
reach aerial cable, and installing
equipment casings. Routine network
modifications do not include the
construction of a new loop, or the
installation of new aerial or buried cable
for a requesting telecommunications
carrier.
(8) Engineering policies, practices,
and procedures. An incumbent LEC
shall not engineer the transmission
capabilities of its network in a manner,
or engage in any policy, practice, or
procedure, that disrupts or degrades
access to a local loop or subloop,
including the time division
multiplexing-based features, functions,
and capabilities of a hybrid loop, for
which a requesting telecommunications
carrier may obtain or has obtained
access pursuant to paragraph (a) of this
section.
*
*
*
*
*
(d) Dedicated transport. An
incumbent LEC shall provide a
requesting telecommunications carrier
with nondiscriminatory access to
dedicated transport on an unbundled
basis, in accordance with section
251(c)(3) of the Act and this part, as set
forth in paragraphs (d) through (d)(4) of
this section. A ‘‘route’’ is a transmission
path between one of an incumbent
LEC’s wire centers or switches and
another of the incumbent LEC’s wire
centers or switches. A route between
two points (e.g., wire center or switch
‘‘A’’ and wire center or switch ‘‘Z’’) may
pass through one or more intermediate
wire centers or switches (e.g., wire
center or switch ‘‘X’’). Transmission
paths between identical end points (e.g.,
wire center or switch ‘‘A’’ and wire
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center or switch ‘‘Z’’) are the same
‘‘route,’’ irrespective of whether they
pass through the same intermediate wire
centers or switches, if any.
(1) Definition. For purposes of this
section, dedicated transport includes
incumbent LEC transmission facilities
between wire centers or switches owned
by incumbent LECs, or between wire
centers or switches owned by
incumbent LECs and switches owned by
requesting telecommunications carriers,
including, but not limited to, DS1-,
DS3-, and OCn-capacity level services,
as well as dark fiber, dedicated to a
particular customer or carrier.
(2) Availability.
(i) Entrance facilities. An incumbent
LEC is not obligated to provide a
requesting carrier with unbundled
access to dedicated transport that does
not connect a pair of incumbent LEC
wire centers.
(ii) Dedicated DS1 transport.
Dedicated DS1 transport shall be made
available to requesting carriers on an
unbundled basis as set forth in
paragraphs (d)(2)(ii)(A) and (B) of this
section. Dedicated DS1 transport
consists of incumbent LEC interoffice
transmission facilities that have a total
digital signal speed of 1.544 megabytes
per second and are dedicated to a
particular customer or carrier.
(A) General availability of DS1
transport. Incumbent LECs shall
unbundle DS1 transport between any
pair of incumbent LEC wire centers
except where, through application of
tier classifications described in
paragraph (d)(3) of this section, both
wire centers defining the route are Tier
1 wire centers. As such, an incumbent
LEC must unbundle DS1 transport if a
wire center at either end of a requested
route is not a Tier 1 wire center, or if
neither is a Tier 1 wire center.
(B) Cap on unbundled DS1 transport
circuits. A requesting
telecommunications carrier may obtain
a maximum of ten unbundled DS1
dedicated transport circuits on each
route where DS1 dedicated transport is
available on an unbundled basis.
(iii) Dedicated DS3 transport.
Dedicated DS3 transport shall be made
available to requesting carriers on an
unbundled basis as set forth in
paragraphs (d)(2)(iii)(A) and(B) of this
section. Dedicated DS3 transport
consists of incumbent LEC interoffice
transmission facilities that have a total
digital signal speed of 44.736 megabytes
per second and are dedicated to a
particular customer or carrier.
(A) General availability of DS3
transport. Incumbent LECs shall
unbundle DS3 transport between any
pair of incumbent LEC wire centers
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5749
except where, through application of
tier classifications described in
paragraph (d)(3) of this section, both
wire centers defining the route are
either Tier 1 or Tier 2 wire centers. As
such, an incumbent LEC must unbundle
DS3 transport if a wire center on either
end of a requested route is a Tier 3 wire
center.
(B) Cap on unbundled DS3 transport
circuits. A requesting
telecommunications carrier may obtain
a maximum of 12 unbundled DS3
dedicated transport circuits on each
route where DS3 dedicated transport is
available on an unbundled basis.
(iv) Dark fiber transport. Dark fiber
transport consists of unactivated optical
interoffice transmission facilities.
Incumbent LECs shall unbundle dark
fiber transport between any pair of
incumbent LEC wire centers except
where, through application of tier
classifications described in paragraph
(d)(3) of this section, both wire centers
defining the route are either Tier 1 or
Tier 2 wire centers. An incumbent LEC
must unbundle dark fiber transport if a
wire center on either end of a requested
route is a Tier 3 wire center.
(3) Wire center tier structure. For
purposes of this section, incumbent LEC
wire centers shall be classified into
three tiers, defined as follows:
(i) Tier 1 wire centers are those
incumbent LEC wire centers that
contain at least four fiber-based
collocators, at least 38,000 business
lines, or both. Tier 1 wire centers also
are those incumbent LEC tandem
switching locations that have no lineside switching facilities, but
nevertheless serve as a point of traffic
aggregation accessible by competitive
LECs. Once a wire center is determined
to be a Tier 1 wire center, that wire
center is not subject to later
reclassification as a Tier 2 or Tier 3 wire
center.
(ii) Tier 2 wire centers are those
incumbent LEC wire centers that are not
Tier 1 wire centers, but contain at least
3 fiber-based collocators, at least 24,000
business lines, or both. Once a wire
center is determined to be a Tier 2 wire
center, that wire center is not subject to
later reclassification as a Tier 3 wire
center.
(iii) Tier 3 wire centers are those
incumbent LEC wire centers that do not
meet the criteria for Tier 1 or Tier 2 wire
centers.
(4) Routine network modifications. (i)
An incumbent LEC shall make all
routine network modifications to
unbundled dedicated transport facilities
used by requesting telecommunications
carriers where the requested dedicated
transport facilities have already been
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Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Rules and Regulations
constructed. An incumbent LEC shall
perform all routine network
modifications to unbundled dedicated
transport facilities in a
nondiscriminatory fashion, without
regard to whether the facility being
accessed was constructed on behalf, or
in accordance with the specifications, of
any carrier.
(ii) A routine network modification is
an activity that the incumbent LEC
regularly undertakes for its own
customers. Routine network
modifications include, but are not
limited to, rearranging or splicing of
cable; adding an equipment case; adding
a doubler or repeater; installing a
repeater shelf; and deploying a new
multiplexer or reconfiguring an existing
multiplexer. They also include activities
needed to enable a requesting
telecommunications carrier to light a
dark fiber transport facility. Routine
network modifications may entail
activities such as accessing manholes,
deploying bucket trucks to reach aerial
cable, and installing equipment casings.
Routine network modifications do not
include the installation of new aerial or
buried cable for a requesting
telecommunications carrier.
*
*
*
*
*
PART 69—ACCESS CHARGES
5. The authority citation for part 69
continues to read as follows:
■
Authority: 47 U.S.C. 154, 201, 202, 203,
205, 218, 220, 254, 403.
§ 69.2
[Amended]
Remove and reserve § 69.2(y).
Amend § 69.415 by revising paragraph
(c)(4) to read as follows:
§ 69.415 Reallocation of certain transport
expenses.
*
*
*
*
*
(c) * * *
(4) The common line revenue
requirement shall include Interstate
Common Line Support as provided in
§ 54.901 of this chapter.
§ 69.502
[Amended]
6. Amend § 69.502 by removing
paragraph (c) and redesignating
paragraphs (d) and (e) as paragraphs (c)
and (d), respectively.
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[FR Doc. 2013–00838 Filed 1–25–13; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket Nos. 10–90 and 05–337; DA
12–1777]
Data Specifications for Collecting
Study Area Boundaries
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Wireline Competition Bureau (Bureau)
adopts data specifications for collecting
incumbent local exchange carrier (LEC)
study area boundaries. The Bureau will
use the maps to analyze costs of LECs
and determine which LECs are eligible
for support to deliver
telecommunications and information
services in rural and high cost areas,
and to implement certain reforms to
universal service support. The data will
be used as an essential input in a model
that determines the level of high cost
support for rate of return carriers. The
Bureau will also use the data to
determine whether unsubsidized
competitors offer service within all or a
portion of an incumbent LEC’s study
area, and to phase out support where
unsubsidized competitors offer voice
and broadband service throughout an
entire study area. Commission intends
to allocate support among eligible LECs
in a manner that best ensures that
consumers in rural and high cost area
have services and rates that are
reasonably comparable to those in urban
areas.
DATES: Effective February 27, 2013,
except for the requirements contained in
paragraph 16 and Appendix A of
document DA 12–1777, which contain
new or modified information collection
requirements, and require approval by
the Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (PRA), Public Law 104–13.
These requirements shall become
effective after the Commission publishes
a separate document in the Federal
Register announcing such approval and
the relevant effective date(s).
FOR FURTHER INFORMATION CONTACT:
Chelsea Fallon, Assistant Division
Chief, at 202–418–7991, Industry
Analysis & Technology Division,
Wireline Competition Bureau. For
additional information concerning the
PRA information collection
requirements contained in this
document, send an email to
PRA@fcc.gov or contact Judith B.
Herman at 202–418–0214.
SUMMARY:
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This is a
summary of the Bureau’s Report and
Order (R&O) in WC Docket No. 10–90;
WC Docket No. 05–337; DA 12–1777,
released on November 6, 2012. The full
text of this document is available for
public inspection during regular
business hours in the FCC Reference
Center, Room CY–A257, 445 12th Street
SW., Washington, DC 20554, and may
also be purchased from the
Commission’s copy contractor, BCPI,
Inc., Portals II, 445 12th Street SW.,
Room CY–B402, Washington, DC 20554.
Customers may contact BCPI, Inc. via
their Web site, https://www.bcpi.com, or
call 1–800–378–3160. This document is
available in alternative formats
(computer diskette, large print, audio
record, and Braille). Persons with
disabilities who need documents in
these formats may contact the FCC by
email: FCC504@fcc.gov or phone: 202–
418–0530 or TTY: 202–418–0432.
SUPPLEMENTARY INFORMATION:
Synopsis of Report and Order
1. In this Report and Order (R&O), the
Wireline Competition Bureau (Bureau)
adopts data specifications for collecting
study area boundaries for purposes of
implementing various reforms adopted
as part of the USF/ICC Transformation
Order, 76 FR 73830, November 29, 2011.
In the USF/ICC Transformation Order,
the Commission comprehensively
reformed universal service funding for
high-cost, rural areas, adopting fiscally
responsible, accountable, incentivebased policies to preserve and advance
voice and broadband service. As
discussed below, confirming the
relevant geographic boundaries is
important for implementing several
components of those reforms, including:
the Commission’s benchmarking rule
and the elimination of support where an
unsubsidized competitor offers voice
and broadband service that overlaps an
incumbent carrier’s study area. On June
1, 2012, the Bureau issued the Study
Area Boundaries Public Notice, 77 FR
37402, June 21, 2012, which proposed
collecting study area and exchange
boundary data from all incumbent LECs.
Specifically, the Bureau proposed
requiring all incumbent LECs to submit
study area boundary data in an esri
shapefile format with certain identifying
feature attributes. The R&O adopts that
proposal.
2. Benchmarking Rule. In the USF/
ICC Transformation Order, the
Commission adopted a benchmarking
rule intended to moderate the expenses
of rate-of-return carriers with very high
costs compared to their similarly
situated peers, while encouraging other
rate-of-return carriers to advance
broadband deployment. On April 25,
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Agencies
[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Rules and Regulations]
[Pages 5745-5750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00838]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 32, 51 and 69
[DA 12-1552]
Nonsubstantive, Editorial or Conforming Amendments of the
Commission's Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document makes a number of nonsubstantive, editorial or
conforming revisions to the Commission's rules. These revisions are
made to delete certain rule provisions that are without current legal
effect or are otherwise obsolete. They are also made to clarify,
simplify, and harmonize Commission rules, making the rules more readily
accessible to the public and avoiding potential confusion for
interested parties and Commission staff alike. In addition to deleting
balance sheet account instructions that are now obsolete, as well as
references to rules that have previously been deleted, this document
deletes and amends rules that refer to unbundled network elements that
are no longer subject to unbundling as a result of decisions in the
Triennial Review proceedings or expired transition periods.
DATES: Effective January 28, 2013.
FOR FURTHER INFORMATION CONTACT: Kirk Burgee, Wireline Competition
Bureau, Front Office, (202) 418-1500, or send an email to
kirk.burgee@fcc.gov.
SUPPLEMENTARY INFORMATION: In this Order, we make a number of
nonsubstantive, editorial or conforming revisions to parts 32, 51 and
69 of the Commission's rules. We make these revisions to delete certain
rule provisions that are without current legal effect or are otherwise
obsolete. These nonsubstantive revisions are part of the Commission's
ongoing examination and improvement of FCC processes and procedures.
The revisions clarify, simplify, and harmonize our rules, making the
rules more readily accessible to the public and avoiding potential
confusion for interested parties and Commission staff alike. The
revisions and the specific reasons we are adopting each one are set
forth below.
I. Part 32, Subpart C, Instructions for Balance Sheet Accounts
1. This Order amends part 32, subpart C, Instructions for Balance
Sheet Accounts, to delete Sec. 32.2321, which is obsolete. Section
32.2321 creates an account in the Uniform System of Accounts for
incumbent local exchange carriers' (incumbent LECs') embedded customer
premises wiring that was capitalized prior to October 1, 1984. By
Commission order, the full amortization of all inside wiring was to be
completed by September 30, 1994 and therefore the rule has no further
applicability.
II. Part 51, Subpart D, Additional Obligations of Incumbent Local
Exchange Carriers
2. This Order amends rules in part 51, subpart D, Additional
Obligations of Incumbent Local Exchange Carriers, which, among other
things, establishes a list of unbundled network elements (UNEs) that
are subject to the unbundling rules adopted in the Commission's
Triennial Review proceedings, and the terms for unbundling these
network elements. See Triennial Review Order, FCC 03-227, published at
68 FR 52276, 52295-305; Unbundled Access to Network Elements; Review of
the Section 251 Triennial Review Remand Order, FCC 04-290, published at
70 FR 8940, 8953-55, February 24, 2005. Specifically, this Order makes
the following deletions or amendments to part 51 rules that refer to
UNEs that are no longer subject to unbundling as a result of decisions
in the Triennial Review proceedings or expired transition periods:
This Order deletes Sec. 51.319(a)(1)(i), which references
``line sharing'' as a UNE that is subject to unbundling, to conform to
judicial decision. See United States Telecom Ass'n v. FCC, 290 F.3d
415, 428-29 (2002) (vacating the Commission's decision to provide
[[Page 5746]]
CLECs with unbundled access to the high frequency portion of copper
loops to provide broadband DSL services, primarily because the
Commission had failed to consider the relevance of intermodal
competition in the broadband market). The definition of ``high-
frequency portion of the loop'' in Sec. 51.319(a)(1)(i) has continuing
relevance for the Commission's unbundling requirements, specifically
with regard to line splitting under Sec. 51.319(a)(1)(ii).
Accordingly, in deleting Sec. 51.319(a)(1)(i), this order moves the
definition of ``high-frequency portion of the loop'' to the end of
Sec. 51.319(a)(1)(ii) and redesignates Sec. 51.319(a)(1)(ii) through
51.319(a)(1)(v) as Sec. 51.319(a)(1)(i) through 51.319(a)(1)(iv). This
Order also deletes the reference to unbundled ``local circuit
switching'' in Sec. 51.319(a)(1)(ii) (redesignated as Sec.
51.319(a)(1)(i)), to implement the Triennial Review Remand Order, FCC
04-290, published at 70 FR 8940, February 24, 2005.
This Order deletes references to ``the high-frequency
portion of the copper loop'' in Sec. 51.319(a)(1)(iii) (redesignated
as Sec. 51.319(a)(1)(ii)), to conform to judicial decision. See United
States Telecom Ass'n v. FCC, 290 F.3d 415, 428-29 (2002).
This Order deletes Sec. 51.319(a)(1)(iii)(D) & (E) to
conform to judicial decision. See United States Telecom Ass'n v. FCC,
290 F.3d 415, 428-29 (2002).
This Order amends Sec. 51.319(a)(1)(v) (redesignated as
51.319(a)(1)(iv)) to delete the reference to ``line sharing,'' to
conform to judicial decision. See United States Telecom Ass'n v. FCC,
290 F.3d 415, 428-29 (2002).
This Order deletes a reference in Sec. 51.319(a)(7)(ii)
to network modifications that would enable a requesting
telecommunications carrier to obtain access to a dark fiber loop. This
deletion reflects the fact that the Commission previously eliminated
the requirement to make dark fiber loops available as unbundled network
elements.
This Order deletes Sec. 51.319(d) to conform to judicial
decision, redesignates Sec. 51.319(e) through (g) as Sec. 51.319(d)
through (f)), and amends all internal cross-references to reflect these
redesignations.
This Order deletes Sec. 51.319(a)(4)(iii),
51.319(a)(5)(iii), 51.319(a)(6)(ii), 51.319(e)(2)(ii)(C),
51.319(e)(2)(iii)(C), and 51.319(e)(2)(iv)(B), all of which establish
transition periods that have expired. In addition, this Order revises
Sec. 51.319(a)(6)(i) to designate that section as Sec. 51.319(a)(6),
and restructures 51.319(e)(2)(iv), redesignated as 51.319(d)(2)(iv), to
eliminate Sec. 51.319(e)(2)(iv)(A) as a separate section and to
consolidate its text into redesignated Sec. 51.319(d)(2)(iv).
III. Part 69, Access Charges
3. This Order amends Part 69, Access Charges, to delete references
to Sec. 54.303, Long Term Support, which the Commission deleted in the
USF/ICC Transformation Order, FCC 11-161, published at 77 FR 26987, May
8, 2012.
4. Specifically, this Order amends Sec. 69.415(c) to remove
references to Sec. 54.303 and ``long term support,'' deletes Sec.
69.2(y) and Sec. 69.502(c), which reference Sec. 54.303, and
redesignates Sec. 69.502(d) and (e) as Sec. 69.502(c) and (d),
respectively.
5. The rule amendments adopted in this Order and set forth in the
attached Appendix are nonsubstantive, editorial revisions of the rules
pursuant to 47 CFR 0.231(b). These revisions delete rule provisions
that are without current legal effect or are otherwise obsolete, and
delete references to obsolete rules and statutes. Accordingly, we find
good cause to conclude that notice and comment procedures are
unnecessary and would not serve any useful purpose. For the same
reason, we also find good cause to make these nonsubstantive, editorial
revisions of the rules effective upon publication in the Federal
Register.
IV. Procedural Matters
A. Regulatory Flexibility Act
6. Because we adopt this Order without notice and comment, the
Regulatory Flexibility Act does not apply.
B. Paperwork Reduction Act
7. The rules contained herein have been analyzed with respect to
the Paperwork Reduction Act of 1995 and found to contain no new or
modified form, information collection, and/or recordkeeping, labeling,
disclosure, or record retention requirements, and will not increase or
decrease burden hours imposed on the public. See Public Law 104 through
113, 44 U.S.C. 3501, et. seq. In addition, therefore, this Order does
not contain any new or modified ``information collection burden for
small business concerns with fewer than 25 employees,'' pursuant to the
Small Business Paperwork Relief Act of 2002. See Public Law 107 through
198, 44 U.S.C. 3506(c)(4).
C. Congressional Review Act
8. The Commission will send a copy of this Order in a report to
Congress and the Government Accountability Office pursuant to the
Congressional Review Act. See 5 U.S.C. 801(a)(1)(A).
V. Ordering Clauses
9. Accordingly, It is ordered that, effective upon publication in
the Federal Register, Parts 32, 51, and 69 of the Commission's rules
are amended, as set forth in the attached Final Rules caption, pursuant
to the authority contained in Sections 4(i), 5(c), and 303(r) of the
Communications Act, 47 U.S.C. 154(i), 155(c), and 303(r), and Section
0.231(b) of the Commission's regulations, 47 CFR 0.231(b).
10. It is further ordered that the Secretary shall cause a copy of
this Order to be published in the Federal Register.
List of Subjects
47 CFR Part 32
Communications common carriers, Reporting and recordkeeping
requirements, Telephone, Uniform System of Accounts.
47 CFR Part 51
Communications common carriers, Telecommunications.
47 CFR Part 69
Communications common carriers, Reporting and recordkeeping
requirements, Telephone.
Federal Communications Commission.
Julie Veach,
Chief, Wireline Competition Bureau.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 32, 51, and 69 as
follows:
PART 32--UNIFORM SYSTEM OF ACCOUNTS FOR TELECOMMUNICATIONS
COMPANIES
0
1. The authority citation for part 32 continues to read as follows:
Authority: 47 U.S.C. 154(i), 154(j) and 220 as amended.
Sec. 32.2321 [Removed]
0
2. Remove Sec. 32.2321.
PART 51--INTERCONNECTION
0
3. The authority citation for part 51 continues 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.
0
4. Amend Sec. 51.319 by revising paragraph (a), by removing paragraph
[[Page 5747]]
(d) and redesignating paragraphs (e) through (g) as paragraphs (d)
through (f) and revising newly redesignated paragraph (d) to read as
follows:
Sec. 51.319 Specific unbundling requirements.
(a) Local loops. An incumbent LEC shall provide a requesting
telecommunications carrier with nondiscriminatory access to the local
loop on an unbundled basis, in accordance with section 251(c)(3) of the
Act and this part and as set forth in paragraphs (a)(1) through (8) of
this section. 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. This element includes all features,
functions, and capabilities of such transmission facility, including
the network interface device. It also includes all electronics,
optronics, and intermediate devices (including repeaters and load
coils) used to establish the transmission path to the end-user customer
premises as well as any inside wire owned or controlled by the
incumbent LEC that is part of that transmission path.
(1) Copper loops. An incumbent LEC shall provide a requesting
telecommunications carrier with nondiscriminatory access to the copper
loop on an unbundled basis. A copper loop is a stand-alone local loop
comprised entirely of copper wire or cable. Copper loops include two-
wire and four-wire analog voice-grade copper loops, digital copper
loops (e.g., DS0s and integrated services digital network lines), as
well as two-wire and four-wire copper loops conditioned to transmit the
digital signals needed to provide digital subscriber line services,
regardless of whether the copper loops are in service or held as
spares. The copper loop includes attached electronics using time
division multiplexing technology, but does not include packet switching
capabilities as defined in paragraph (a)(2)(i) of this section. The
availability of DS1 and DS3 copper loops is subject to the requirements
of paragraphs (a)(4) and (5) of this section.
(i) Line splitting. An incumbent LEC shall provide a requesting
telecommunications carrier that obtains an unbundled copper loop from
the incumbent LEC with the ability to engage in line splitting
arrangements with another competitive LEC using a splitter collocated
at the central office where the loop terminates into a distribution
frame or its equivalent. Line splitting is the process in which one
competitive LEC provides narrowband voice service over the low
frequency portion of a copper loop and a second competitive LEC
provides digital subscriber line service over the high frequency
portion of that same loop. The high frequency portion of the loop
consists of the frequency range on the copper loop above the range that
carries analog circuit-switched voice transmissions. This portion of
the loop includes the features, functions, and capabilities of the loop
that are used to establish a complete transmission path on the high
frequency range between the incumbent LEC's distribution frame (or its
equivalent) in its central office and the demarcation point at the end-
user customer premises, and includes the high frequency portion of any
inside wire owned or controlled by the incumbent LEC.
(A) An incumbent LEC's obligation, under paragraph (a)(1)(i) of
this section, to provide a requesting telecommunications carrier with
the ability to engage in line splitting applies regardless of whether
the carrier providing voice service provides its own switching or
obtains local circuit switching from the incumbent LEC.
(B) An incumbent LEC must make all necessary network modifications,
including providing nondiscriminatory access to operations support
systems necessary for pre-ordering, ordering, provisioning, maintenance
and repair, and billing for loops used in line splitting arrangements.
(ii) Line conditioning. The incumbent LEC shall condition a copper
loop at the request of the carrier seeking access to a copper loop
under paragraph (a)(1) of this section or a copper subloop under
paragraph (b) of this section to ensure that the copper loop or copper
subloop is suitable for providing digital subscriber line services,
whether or not the incumbent LEC offers advanced services to the end-
user customer on that copper loop or copper subloop. If the incumbent
LEC seeks compensation from the requesting telecommunications carrier
for line conditioning, the requesting telecommunications carrier has
the option of refusing, in whole or in part, to have the line
conditioned; and a requesting telecommunications carrier's refusal of
some or all aspects of line conditioning will not diminish any right it
may have, under paragraphs (a) and (b) of this section, to access the
copper loop or the copper subloop.
(A) Line conditioning is defined as the removal from a copper loop
or copper subloop of any device that could diminish the capability of
the loop or subloop to deliver high-speed switched wireline
telecommunications capability, including digital subscriber line
service. Such devices include, but are not limited to, bridge taps,
load coils, low pass filters, and range extenders.
(B) Incumbent LECs shall recover the costs 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 and in compliance with rules governing
nonrecurring costs in Sec. 51.507(e).
(C) Insofar as it is technically feasible, the incumbent LEC shall
test and report troubles for all the features, functions, and
capabilities of conditioned copper lines, and may not restrict its
testing to voice transmission only.
(iii) Maintenance, repair, and testing. (A) An incumbent LEC shall
provide, on a nondiscriminatory basis, physical loop test access points
to a requesting telecommunications carrier at the splitter, through a
cross-connection to the requesting telecommunications carrier's
collocation space, or through a standardized interface, such as an
intermediate distribution frame or a test access server, for the
purpose of testing, maintaining, and repairing copper loops and copper
subloops.
(B) An incumbent LEC seeking to utilize an alternative physical
access methodology may request approval to do so from the state
commission, but must show that the proposed alternative method is
reasonable and nondiscriminatory, and will not disadvantage a
requesting telecommunications carrier's ability to perform loop or
service testing, maintenance, or repair.
(iv) Control of the loop and splitter functionality. In situations
where a requesting telecommunications carrier is obtaining access to
the high frequency portion of a copper loop through a line splitting
arrangement, the incumbent LEC may maintain control over the loop and
splitter equipment and functions, and shall provide to the requesting
telecommunications carrier loop and splitter functionality that is
compatible with any transmission technology that the requesting
telecommunications carrier seeks to deploy using the high frequency
portion of the loop, as defined in paragraph (a)(1)(i) of this section,
provided that such transmission technology is presumed to be deployable
pursuant to Sec. 51.230.
(2) Hybrid loops. A hybrid loop is a local loop composed of both
fiber optic cable, usually in the feeder plant, and copper wire or
cable, usually in the distribution plant.
(i) Packet switching facilities, features, functions, and
capabilities. An
[[Page 5748]]
incumbent LEC is not required to provide unbundled access to the packet
switched features, functions and capabilities of its hybrid loops.
Packet switching capability is the routing or forwarding of 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 the digital subscriber
line access multiplexers, including but not limited to the ability to
terminate an end-user customer's copper loop (which includes both a
low-band voice channel and a high-band data channel, or solely a data
channel); the ability to forward the voice channels, if present, to a
circuit switch or multiple circuit switches; the ability to extract
data units from the data channels on the loops; and the ability to
combine data units from multiple loops onto one or more trunks
connecting to a packet switch or packet switches.
(ii) Broadband services. When a requesting telecommunications
carrier seeks access to a hybrid loop for the provision of broadband
services, an incumbent LEC shall provide the requesting
telecommunications carrier with nondiscriminatory access to the time
division multiplexing features, functions, and capabilities of that
hybrid loop, including DS1 or DS3 capacity (where impairment has been
found to exist), on an unbundled basis to establish a complete
transmission path between the incumbent LEC's central office and an end
user's customer premises. This access shall include access to all
features, functions, and capabilities of the hybrid loop that are not
used to transmit packetized information.
(iii) Narrowband services. When a requesting telecommunications
carrier seeks access to a hybrid loop for the provision of narrowband
services, the incumbent LEC may either:
(A) Provide nondiscriminatory access, on an unbundled basis, to an
entire hybrid loop capable of voice-grade service (i.e., equivalent to
DS0 capacity), using time division multiplexing technology; or
(B) Provide nondiscriminatory access to a spare home-run copper
loop serving that customer on an unbundled basis.
(3) Fiber loops--(i) Definitions--(A) 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, serving an end user's customer
premises or, in the case of predominantly residential multiple dwelling
units (MDUs), a fiber optic cable, whether dark or lit, that extends to
the multiunit premises' minimum point of entry (MPOE).
(B) Fiber-to-the-curb loops. A fiber-to-the-curb loop is a local
loop consisting of fiber optic cable connecting to a copper
distribution plant that is not more than 500 feet from the customer's
premises or, in the case of predominantly residential MDUs, not more
than 500 feet from the MDU's MPOE. The fiber optic cable in a fiber-to-
the-curb loop must connect to a copper distribution plant at a serving
area interface from which every other copper distribution subloop also
is not more than 500 feet from the respective customer's premises.
(ii) New builds. An incumbent LEC is not required to provide
nondiscriminatory access to a fiber-to-the-home loop or a fiber-to-the-
curb 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.
(iii) Overbuilds. An incumbent LEC is not required to provide
nondiscriminatory access to a fiber-to-the-home loop or a fiber-to-the-
curb loop on an unbundled basis when the incumbent LEC has deployed
such a loop parallel to, or in replacement of, an existing copper loop
facility, except that:
(A) The incumbent LEC must maintain the existing copper loop
connected to the particular customer premises after deploying the
fiber-to-the-home loop or the fiber-to-the-curb loop and provide
nondiscriminatory access to that copper loop on an unbundled basis
unless the incumbent LEC retires the copper loops pursuant to paragraph
(a)(3)(iv) of this section.
(B) An incumbent LEC that maintains the existing copper loops
pursuant to paragraph (a)(3)(iii)(A) of this section need not incur any
expenses to ensure that the existing copper loop remains capable of
transmitting signals prior to receiving a request for access pursuant
to that paragraph, in which case the incumbent LEC shall restore the
copper loop to serviceable condition upon request.
(C) An incumbent LEC that retires the copper loop pursuant to
paragraph (a)(3)(iv) of this section shall provide nondiscriminatory
access to a 64 kilobits per second transmission path capable of voice
grade service over the fiber-to-the-home loop or fiber-to-the-curb loop
on an unbundled basis.
(iv) Retirement of copper loops or copper subloops. Prior to
retiring any copper loop or copper subloop that has been replaced with
a fiber-to-the-home loop or a fiber-to-the-curb loop, an incumbent LEC
must comply with:
(A) The network disclosure requirements set forth in section
251(c)(5) of the Act and in Sec. 51.325 through Sec. 51.335; and
(B) Any applicable state requirements.
(4) DS1 loops. (i) Subject to the cap described in paragraph
(a)(4)(ii) of this section, an incumbent LEC shall provide a requesting
telecommunications carrier with nondiscriminatory access to a DS1 loop
on an unbundled basis to any building not served by a wire center with
at least 60,000 business lines and at least four fiber-based
collocators. Once a wire center exceeds both of these thresholds, no
future DS1 loop unbundling will be required in that wire center. A DS1
loop is a digital local loop having a total digital signal speed of
1.544 megabytes per second. DS1 loops include, but are not limited to,
two-wire and four-wire copper loops capable of providing high-bit rate
digital subscriber line services, including T1 services.
(ii) Cap on unbundled DS1 loop circuits. A requesting
telecommunications carrier may obtain a maximum of ten unbundled DS1
loops to any single building in which DS1 loops are available as
unbundled loops.
(5) DS3 loops. (i) Subject to the cap described in paragraph
(a)(5)(ii) of this section, an incumbent LEC shall provide a requesting
telecommunications carrier with nondiscriminatory access to a DS3 loop
on an unbundled basis to any building not served by a wire center with
at least 38,000 business lines and at least four fiber-based
collocators. Once a wire center exceeds both of these thresholds, no
future DS3 loop unbundling will be required in that wire center. A DS3
loop is a digital local loop having a total digital signal speed of
44.736 megabytes per second.
(ii) Cap on unbundled DS3 loop circuits. A requesting
telecommunications carrier may obtain a maximum of a single unbundled
DS3 loop to any single building in which DS3 loops are available as
unbundled loops.
(6) Dark fiber loops. An incumbent LEC is not required to provide
requesting telecommunications carriers with access to a dark fiber loop
on an unbundled basis. Dark fiber is fiber within an existing fiber
optic cable that has not yet been activated through optronics to render
it capable of carrying communications services.
(7) Routine network modifications. (i) An incumbent LEC shall make
all routine network modifications to unbundled loop facilities used by
requesting telecommunications carriers where the requested loop
facility has
[[Page 5749]]
already been constructed. An incumbent LEC shall perform these routine
network modifications to unbundled loop facilities in a
nondiscriminatory fashion, without regard to whether the loop facility
being accessed was constructed on behalf, or in accordance with the
specifications, of any carrier.
(ii) A routine network modification is an activity that the
incumbent LEC regularly undertakes for its own customers. Routine
network modifications include, but are not limited to, rearranging or
splicing of cable; adding an equipment case; adding a doubler or
repeater; adding a smart jack; installing a repeater shelf; adding a
line card; deploying a new multiplexer or reconfiguring an existing
multiplexer; and attaching electronic and other equipment that the
incumbent LEC ordinarily attaches to a DS1 loop to activate such loop
for its own customer. Routine network modifications may entail
activities such as accessing manholes, deploying bucket trucks to reach
aerial cable, and installing equipment casings. Routine network
modifications do not include the construction of a new loop, or the
installation of new aerial or buried cable for a requesting
telecommunications carrier.
(8) Engineering policies, practices, and procedures. An incumbent
LEC shall not engineer the transmission capabilities of its network in
a manner, or engage in any policy, practice, or procedure, that
disrupts or degrades access to a local loop or subloop, including the
time division multiplexing-based features, functions, and capabilities
of a hybrid loop, for which a requesting telecommunications carrier may
obtain or has obtained access pursuant to paragraph (a) of this
section.
* * * * *
(d) Dedicated transport. An incumbent LEC shall provide a
requesting telecommunications carrier with nondiscriminatory access to
dedicated transport on an unbundled basis, in accordance with section
251(c)(3) of the Act and this part, as set forth in paragraphs (d)
through (d)(4) of this section. A ``route'' is a transmission path
between one of an incumbent LEC's wire centers or switches and another
of the incumbent LEC's wire centers or switches. A route between two
points (e.g., wire center or switch ``A'' and wire center or switch
``Z'') may pass through one or more intermediate wire centers or
switches (e.g., wire center or switch ``X''). Transmission paths
between identical end points (e.g., wire center or switch ``A'' and
wire center or switch ``Z'') are the same ``route,'' irrespective of
whether they pass through the same intermediate wire centers or
switches, if any.
(1) Definition. For purposes of this section, dedicated transport
includes incumbent LEC transmission facilities between wire centers or
switches owned by incumbent LECs, or between wire centers or switches
owned by incumbent LECs and switches owned by requesting
telecommunications carriers, including, but not limited to, DS1-, DS3-,
and OCn-capacity level services, as well as dark fiber, dedicated to a
particular customer or carrier.
(2) Availability.
(i) Entrance facilities. An incumbent LEC is not obligated to
provide a requesting carrier with unbundled access to dedicated
transport that does not connect a pair of incumbent LEC wire centers.
(ii) Dedicated DS1 transport. Dedicated DS1 transport shall be made
available to requesting carriers on an unbundled basis as set forth in
paragraphs (d)(2)(ii)(A) and (B) of this section. Dedicated DS1
transport consists of incumbent LEC interoffice transmission facilities
that have a total digital signal speed of 1.544 megabytes per second
and are dedicated to a particular customer or carrier.
(A) General availability of DS1 transport. Incumbent LECs shall
unbundle DS1 transport between any pair of incumbent LEC wire centers
except where, through application of tier classifications described in
paragraph (d)(3) of this section, both wire centers defining the route
are Tier 1 wire centers. As such, an incumbent LEC must unbundle DS1
transport if a wire center at either end of a requested route is not a
Tier 1 wire center, or if neither is a Tier 1 wire center.
(B) Cap on unbundled DS1 transport circuits. A requesting
telecommunications carrier may obtain a maximum of ten unbundled DS1
dedicated transport circuits on each route where DS1 dedicated
transport is available on an unbundled basis.
(iii) Dedicated DS3 transport. Dedicated DS3 transport shall be
made available to requesting carriers on an unbundled basis as set
forth in paragraphs (d)(2)(iii)(A) and(B) of this section. Dedicated
DS3 transport consists of incumbent LEC interoffice transmission
facilities that have a total digital signal speed of 44.736 megabytes
per second and are dedicated to a particular customer or carrier.
(A) General availability of DS3 transport. Incumbent LECs shall
unbundle DS3 transport between any pair of incumbent LEC wire centers
except where, through application of tier classifications described in
paragraph (d)(3) of this section, both wire centers defining the route
are either Tier 1 or Tier 2 wire centers. As such, an incumbent LEC
must unbundle DS3 transport if a wire center on either end of a
requested route is a Tier 3 wire center.
(B) Cap on unbundled DS3 transport circuits. A requesting
telecommunications carrier may obtain a maximum of 12 unbundled DS3
dedicated transport circuits on each route where DS3 dedicated
transport is available on an unbundled basis.
(iv) Dark fiber transport. Dark fiber transport consists of
unactivated optical interoffice transmission facilities. Incumbent LECs
shall unbundle dark fiber transport between any pair of incumbent LEC
wire centers except where, through application of tier classifications
described in paragraph (d)(3) of this section, both wire centers
defining the route are either Tier 1 or Tier 2 wire centers. An
incumbent LEC must unbundle dark fiber transport if a wire center on
either end of a requested route is a Tier 3 wire center.
(3) Wire center tier structure. For purposes of this section,
incumbent LEC wire centers shall be classified into three tiers,
defined as follows:
(i) Tier 1 wire centers are those incumbent LEC wire centers that
contain at least four fiber-based collocators, at least 38,000 business
lines, or both. Tier 1 wire centers also are those incumbent LEC tandem
switching locations that have no line-side switching facilities, but
nevertheless serve as a point of traffic aggregation accessible by
competitive LECs. Once a wire center is determined to be a Tier 1 wire
center, that wire center is not subject to later reclassification as a
Tier 2 or Tier 3 wire center.
(ii) Tier 2 wire centers are those incumbent LEC wire centers that
are not Tier 1 wire centers, but contain at least 3 fiber-based
collocators, at least 24,000 business lines, or both. Once a wire
center is determined to be a Tier 2 wire center, that wire center is
not subject to later reclassification as a Tier 3 wire center.
(iii) Tier 3 wire centers are those incumbent LEC wire centers that
do not meet the criteria for Tier 1 or Tier 2 wire centers.
(4) Routine network modifications. (i) An incumbent LEC shall make
all routine network modifications to unbundled dedicated transport
facilities used by requesting telecommunications carriers where the
requested dedicated transport facilities have already been
[[Page 5750]]
constructed. An incumbent LEC shall perform all routine network
modifications to unbundled dedicated transport facilities in a
nondiscriminatory fashion, without regard to whether the facility being
accessed was constructed on behalf, or in accordance with the
specifications, of any carrier.
(ii) A routine network modification is an activity that the
incumbent LEC regularly undertakes for its own customers. Routine
network modifications include, but are not limited to, rearranging or
splicing of cable; adding an equipment case; adding a doubler or
repeater; installing a repeater shelf; and deploying a new multiplexer
or reconfiguring an existing multiplexer. They also include activities
needed to enable a requesting telecommunications carrier to light a
dark fiber transport facility. Routine network modifications may entail
activities such as accessing manholes, deploying bucket trucks to reach
aerial cable, and installing equipment casings. Routine network
modifications do not include the installation of new aerial or buried
cable for a requesting telecommunications carrier.
* * * * *
PART 69--ACCESS CHARGES
0
5. The authority citation for part 69 continues to read as follows:
Authority: 47 U.S.C. 154, 201, 202, 203, 205, 218, 220, 254,
403.
Sec. 69.2 [Amended]
Remove and reserve Sec. 69.2(y).
Amend Sec. 69.415 by revising paragraph (c)(4) to read as follows:
Sec. 69.415 Reallocation of certain transport expenses.
* * * * *
(c) * * *
(4) The common line revenue requirement shall include Interstate
Common Line Support as provided in Sec. 54.901 of this chapter.
Sec. 69.502 [Amended]
0
6. Amend Sec. 69.502 by removing paragraph (c) and redesignating
paragraphs (d) and (e) as paragraphs (c) and (d), respectively.
[FR Doc. 2013-00838 Filed 1-25-13; 8:45 am]
BILLING CODE 6712-01-P