§ 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]

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