§ 51.318   Eligibility criteria for access to certain unbundled network
elements.

   (a) Except as provided in paragraph (b) of this section, an incumbent LEC
   shall provide access to unbundled network elements and combinations of
   unbundled  network  elements  without regard to whether the requesting
   telecommunications carrier seeks access to the elements to establish a new
   circuit  or to convert an existing circuit from a service to unbundled
   network elements.

   (b) An incumbent LEC need not provide access to an unbundled DS1 loop in
   combination, or commingled, with a dedicated DS1 transport or dedicated DS3
   transport facility or service, or to an unbundled DS3 loop in combination,
   or commingled, with a dedicated DS3 transport facility or service, or an
   unbundled dedicated DS1 transport facility in combination, or commingled,
   with an unbundled DS1 loop or a DS1 channel termination service, or to an
   unbundled dedicated DS3 transport facility in combination, or commingled,
   with an unbundled DS1 loop or a DS1 channel termination service, or to an
   unbundled  DS3  loop  or a DS3 channel termination service, unless the
   requesting telecommunications carrier certifies that all of the following
   conditions are met:

   (1)  The  requesting  telecommunications  carrier  has  received state
   certification to provide local voice service in the area being served or, in
   the  absence  of  a state certification requirement, has complied with
   registration,  tariffing, filing fee, or other regulatory requirements
   applicable to the provision of local voice service in that area.

   (2)  The  following  criteria are satisfied for each combined circuit,
   including  each DS1 circuit, each DS1 enhanced extended link, and each
   DS1-equivalent circuit on a DS3 enhanced extended link:

   (i) Each circuit to be provided to each customer will be assigned a local
   number prior to the provision of service over that circuit;

   (ii) Each DS1-equivalent circuit on a DS3 enhanced extended link must have
   its own local number assignment, so that each DS3 must have at least 28
   local voice numbers assigned to it;

   (iii) Each circuit to be provided to each customer will have 911 or E911
   capability prior to the provision of service over that circuit;

   (iv)  Each circuit to be provided to each customer will terminate in a
   collocation arrangement that meets the requirements of paragraph (c) of this
   section;

   (v)  Each circuit to be provided to each customer will be served by an
   interconnection trunk that meets the requirements of paragraph (d) of this
   section;

   (vi) For each 24 DS1 enhanced extended links or other facilities having
   equivalent capacity, the requesting telecommunications carrier will have at
   least one active DS1 local service interconnection trunk that meets the
   requirements of paragraph (d) of this section; and

   (vii) Each circuit to be provided to each customer will be served by a
   switch capable of switching local voice traffic.

   (c) A collocation arrangement meets the requirements of this paragraph if it
   is:

   (1) Established pursuant to section 251(c)(6) of the Act and located at an
   incumbent LEC premises within the same LATA as the customer's premises, when
   the incumbent LEC is not the collocator; and

   (2)  Located  at  a third party's premises within the same LATA as the
   customer's premises, when the incumbent LEC is the collocator.

   (d) An interconnection trunk meets the requirements of this paragraph if the
   requesting telecommunications carrier will transmit the calling party's
   number in connection with calls exchanged over the trunk.

   [ 68 FR 52295 , Sept. 2, 2003, as amended at  68 FR 64000 , Nov. 12, 2003]

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