§ 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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