§ 51.321   Methods of obtaining interconnection and access to unbundled elements
under section 251 of the Act.

   (a) Except as provided in paragraph (e) of this section, an incumbent LEC
   shall  provide, on terms and conditions that are just, reasonable, and
   nondiscriminatory in accordance with the requirements of this part, any
   technically  feasible method of obtaining interconnection or access to
   unbundled  network  elements at a particular point upon a request by a
   telecommunications carrier.

   (b) Technically feasible methods of obtaining interconnection or access to
   unbundled network elements include, but are not limited to:

   (1) Physical collocation and virtual collocation at the premises of an
   incumbent LEC; and

   (2) Meet point interconnection arrangements.

   (c) A previously successful method of obtaining interconnection or access to
   unbundled  network  elements  at a particular premises or point on any
   incumbent  LEC's  network  is substantial evidence that such method is
   technically feasible in the case of substantially similar network premises
   or points. A requesting telecommunications carrier seeking a particular
   collocation  arrangement, either physical or virtual, is entitled to a
   presumption that such arrangement is technically feasible if any LEC has
   deployed such collocation arrangement in any incumbent LEC premises.

   (d)  An incumbent LEC that denies a request for a particular method of
   obtaining interconnection or access to unbundled network elements on the
   incumbent  LEC's  network  must prove to the state commission that the
   requested method of obtaining interconnection or access to unbundled network
   elements at that point is not technically feasible.

   (e)  An  incumbent  LEC  shall not be required to provide for physical
   collocation  of  equipment  necessary for interconnection or access to
   unbundled  network  elements  at  the  incumbent  LEC's premises if it
   demonstrates  to the state commission that physical collocation is not
   practical for technical reasons or because of space limitations. In such
   cases, the incumbent LEC shall be required to provide virtual collocation,
   except at points where the incumbent LEC proves to the state commission that
   virtual collocation is not technically feasible. If virtual collocation is
   not technically feasible, the incumbent LEC shall provide other methods of
   interconnection and access to unbundled network elements to the extent
   technically feasible.

   (f) An incumbent LEC shall submit to the state commission, subject to any
   protective order as the state commission may deem necessary, detailed floor
   plans  or diagrams of any premises where the incumbent LEC claims that
   physical collocation is not practical because of space limitations. These
   floor plans or diagrams must show what space, if any, the incumbent LEC or
   any of its affiliates has reserved for future use, and must describe in
   detail the specific future uses for which the space has been reserved and
   the length of time for each reservation. An incumbent LEC that contends
   space for physical collocation is not available in an incumbent LEC premises
   must  also allow the requesting carrier to tour the entire premises in
   question, not only the area in which space was denied, without charge,
   within  ten days of the receipt of the incumbent's denial of space. An
   incumbent LEC must allow a requesting telecommunications carrier reasonable
   access to its selected collocation space during construction.

   (g) An incumbent LEC that is classified as a Class A company under § 32.11 of
   this  chapter  and that is not a National Exchange Carrier Association
   interstate tariff participant as provided in part 69, subpart G, shall
   continue to provide expanded interconnection service pursuant to interstate
   tariff in accordance with § § 64.1401, 64.1402, 69.121 of this chapter, and
   the Commission's other requirements.

   (h) Upon request, an incumbent LEC must submit to the requesting carrier
   within ten days of the submission of the request a report describing in
   detail the space that is available for collocation in a particular incumbent
   LEC premises. This report must specify the amount of collocation space
   available at each requested premises, the number of collocators, and any
   modifications in the use of the space since the last report. This report
   must  also  include  measures that the incumbent LEC is taking to make
   additional space available for collocation. The incumbent LEC must maintain
   a publicly available document, posted for viewing on the incumbent LEC's
   publicly available Internet site, indicating all premises that are full, and
   must update such a document within ten days of the date at which a premises
   runs out of physical collocation space.

   (i) An incumbent LEC must, upon request, remove obsolete unused equipment
   from  their  premises  to  increase  the amount of space available for
   collocation.

   [ 61 FR 45619 , Aug. 28, 1996, as amended at  64 FR 23241 , Apr. 30, 1999;  65 FR 54438 , Sept. 8, 2000;  66 FR 43521 , Aug. 20, 2001]

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