§  51.333   Notice of network changes: Short term notice, objections thereto
and objections to retirement of copper loops or copper subloops.

   (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
   §  51.327(a) or §  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
   filings of such short term notices or notices of replacement of copper
   loops or copper subloops with fiber-to-the-home loops or
   fiber-to-the-curb loops. The effective date of the network changes
   referenced in those filings shall be subject to the following
   requirements:

   (1) 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.

   (2) Replacement of copper loops or copper subloops with
   fiber-to-the-home loops or fiber-to-the-curb loops. Notices of
   replacement of copper loops or copper subloops with fiber-to-the-home
   loops or fiber-to-the-curb loops shall be deemed approved on the 90th
   day after the release of the Commission's public notice of 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 or fiber-to-the-curb 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 or fiber-to-the-curb 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 or fiber-to-the-curb 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:

   (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
   §  51.329(b).

   (f) Resolution of objections to replacement of copper loops or copper
   subloops with fiber-to-the-home loops or fiber-to-the-curb 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 or fiber-to-the-curb 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 or
   fiber-to-the-curb loops.

   [ 61 FR 47352 , Sept. 6, 1996, as amended at  67 FR 13226 , Mar. 21, 2002;
    68 FR 52305 , Sept. 2, 2003;  69 FR 77954 ; Dec. 29, 2004]

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