§ 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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