[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR51.333]

[Page 63-65]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 51_INTERCONNECTION--Table of Contents
 
  Subpart D_Additional Obligations of Incumbent Local Exchange Carriers
 
Sec.  51.333  Notice of network changes: Short term notice.

    (a) Certificate of service. If an incumbent LEC wishes to provide 
less than six months notice of planned network changes, the public 
notice or certification that it files with the Commission must include a 
certificate of service in addition to the information required by Sec.  
51.327(a) or Sec.  51.329(a)(2), as applicable. The certificate of 
service shall include:
    (1) A statement that, at least five business days in advance of its 
filing with the Commission, the incumbent LEC served a copy of its 
public notice upon each telephone exchange service provider that 
directly interconnects with the incumbent LEC's network; and
    (2) The name and address of each such telephone exchange service 
provider upon which the notice was served.
    (b) Implementation date. The Commission will release a public notice 
of such short term notice filings. Short term notices shall be deemed 
final on the tenth business day after the release of the Commission's 
public notice, unless an objection is filed, pursuant to paragraph (c) 
of this section.
    (c) Objection procedures. An objection to an incumbent LEC's short 
term notice may be filed by an information service provider or 
telecommunication service provider that directly interconnects with the 
incumbent LEC's network. Such objections must be filed with the 
Commission, and served on

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the incumbent LEC, no later than the ninth business day following the 
release of the Commission's public notice. All objections to an 
incumbent LEC's short term notice must:
    (1) State specific reasons why the objector cannot accommodate the 
incumbent LEC's changes by the date stated in the incumbent LEC's public 
notice and must indicate any specific technical information or other 
assistance required that would enable the objector to accommodate those 
changes;
    (2) List steps the objector is taking to accommodate the incumbent 
LEC's changes on an expedited basis;
    (3) State the earliest possible date (not to exceed six months from 
the date the incumbent LEC gave its original public notice under this 
section) by which the objector anticipates that it can accommodate the 
incumbent LEC's changes, assuming it receives the technical information 
or other assistance requested under paragraph (c)(1) of this section;
    (4) Provide any other information relevant to the objection; and
    (5) Provide the following affidavit, executed by the objector's 
president, chief executive officer, or other corporate officer or 
official, who has appropriate authority to bind the corporation, and 
knowledge of the details of the objector's inability to adjust its 
network on a timely basis:

    ``I, (name and title), under oath and subject to penalty for 
perjury, certify that I have read this objection, that the statements 
contained in it are true, that there is good ground to support the 
objection, and that it is not interposed for purposes of delay. I have 
appropriate authority to make this certification on behalf of (objector) 
and I agree to provide any information the Commission may request to 
allow the Commission to evaluate the truthfulness and validity of the 
statements contained in this objection.''

    (d) Response to objections. If an objection is filed, an incumbent 
LEC shall have until no later than the fourteenth business day following 
the release of the Commission's public notice to file with the 
Commission a response to the objection and to serve the response on all 
parties that filed objections. An incumbent LEC's response must:
    (1) Provide information responsive to the allegations and concerns 
identified by the objectors;
    (2) State whether the implementation date(s) proposed by the 
objector(s) are acceptable;
    (3) Indicate any specific technical assistance that the incumbent 
LEC is willing to give to the objectors; and
    (4) Provide any other relevant information.
    (e) Resolution. If an objection is filed pursuant to paragraph (c) 
of this section, then the Chief, Wireline Competition Bureau, will issue 
an order determining a reasonable public notice period, provided 
however, that if an incumbent LEC does not file a response within the 
time period allotted, or if the incumbent LEC's response accepts the 
latest implementation date stated by an objector, then the incumbent 
LEC's public notice shall be deemed amended to specify the 
implementation date requested by the objector, without further 
Commission action. An incumbent LEC must amend its public notice to 
reflect any change in the applicable implementation date pursuant to 
Sec.  51.329(b).

[61 FR 47352, Sept. 6, 1996, as amended at 67 FR 13226, Mar. 21, 2002]

    Effective Date Note: At 68 FR 52305, Sept. 2, 2003, Sec.  51.333 was 
amended by revising the section heading, paragraph (b), paragraph (c) 
introductory text, and by adding paragraph (f), effective Oct. 2, 2003. 
For the convenience of the user, the revised and added text is set forth 
as follows:

Sec.  51.333  Notice of Network Changes: Short term notice, objections 
          thereto and objections to retirement of copper loops or copper 
          subloops.

                                * * * * *

    (b) Implementation date. The Commission will release a public notice 
of filings of such short term notices or notices of replacement of 
copper loops or copper subloops with fiber-to-the-home loops. The 
effective date of the network changes referenced in those filings shall 
be subject to the following requirements:
    (i) Short term notice. Short term notices shall be deemed final on 
the tenth business day after the release of the Commission's public 
notice, unless an objection is filed pursuant to paragraph (c) of this 
section.
    (ii) Replacement of copper loops or copper subloops with fiber-to-
the-home loops. Notices of replacement of copper loops or copper 
subloops with fiber-to-the-home loops shall be deemed approved on the 
90th day after the release of the Commission's public notice of

[[Page 65]]

the filing, unless an objection is filed pursuant to paragraph (c) of 
this section. Incumbent LEC notice of intent to retire any copper loops 
or copper subloops and replace such loops or subloops with fiber-to-the-
home loops shall be subject to the short term notice provisions of this 
section, but under no circumstances may an incumbent LEC provide less 
than 90 days notice of such a change.
    (c) Objection procedures for short term notice and notices of 
replacement of copper loops or copper subloops with fiber-to-the-home 
loops. An objection to an incumbent LEC's short term notice or to its 
notice that it intends to retire copper loops or copper subloops and 
replace such loops or subloops with fiber-to-the-home loops may be filed 
by an information service provider or telecommunications service 
provider that directly interconnects with the incumbent LEC's network. 
Such objections must be filed with the Commission, and served on the 
incumbent LEC, no later than the ninth business day following the 
release of the Commission's public notice. All objections filed under 
this section must:

                                * * * * *

    (f) Resolution of objections to replacement of copper loops or 
copper subloops with fiber-to-the-home loops. An objection to a notice 
that an incumbent LEC intends to retire any copper loops or copper 
subloops and replace such loops or subloops with fiber-to-the-home loops 
shall be deemed denied 90 days after the date on which the Commission 
releases public notice of the incumbent LEC filing, unless the 
Commission rules otherwise within that time. Until the Commission has 
either ruled on an objection or the 90-day period for the Commission's 
consideration has expired, an incumbent LEC may not retire those copper 
loops or copper subloops at issue for replacement with fiber-to-the-home 
loops.