';


Title 47 Part 51 → Subpart C → §51.230

Title 47 → Chapter I → Subchapter B → Part 51 → Subpart C → §51.230

Electronic Code of Federal Regulations e-CFR

Title 47 Part 51 → Subpart C → §51.230

e-CFR data is current as of December 12, 2019

Title 47Chapter ISubchapter BPart 51Subpart C → §51.230


Title 47: Telecommunication
PART 51—INTERCONNECTION
Subpart C—Obligations of All Local Exchange Carriers


§51.230   Presumption of acceptability for deployment of an advanced services loop technology.

(a) An advanced services loop technology is presumed acceptable for deployment under any one of the following circumstances, where the technology:

(1) Complies with existing industry standards; or

(2) Is approved by an industry standards body, the Commission, or any state commission; or

(3) Has been successfully deployed by any carrier without significantly degrading the performance of other services.

(b) An incumbent LEC may not deny a carrier's request to deploy a technology that is presumed acceptable for deployment unless the incumbent LEC demonstrates to the relevant state commission that deployment of the particular technology will significantly degrade the performance of other advanced services or traditional voiceband services.

(c) Where a carrier seeks to establish that deployment of a technology falls within the presumption of acceptability under paragraph (a)(3) of this section, the burden is on the requesting carrier to demonstrate to the state commission that its proposed deployment meets the threshold for a presumption of acceptability and will not, in fact, significantly degrade the performance of other advanced services or traditional voice band services. Upon a successful demonstration by the requesting carrier before a particular state commission, the deployed technology shall be presumed acceptable for deployment in other areas.

[65 FR 1345, Jan. 10, 2000]


© e-CFR 2019

FR | USC | CFR | eCFR