Iowa Admin. Code r. 199-38.4 - Unbundled facilities, services, features, functions, and capabilities
(1)
Tariff
filings.
a.
Filing
schedule. Each local exchange carrier shall file tariffs implementing
unbundling for the facilities enumerated in paragraph
38.4(1)"b." The obligation to file a tariff shall not apply to
a rural telephone company until the conditions specified in 47 U.S.C. Section 251(f)(1) have been met.
b.
List of unbundled essential facilities. Each local exchange
carrier's tariff filing shall, at a minimum, unbundle the following essential
facilities, services, features, functions, and capabilities: loops, ports,
signaling links, signal transfer points, facilities to interconnect unbundled
links at the central office, interoffice transmission facilities, listings in
the directory assistance database, inbound operator services including
busy-line verification and call interrupt, interconnection to the 911 system,
and interconnection to the tandem switch for routing to other
carriers.
(2)
Requests for unbundled facilities. Except as allowed in
subrule 38.4(3), requests to unbundle facilities, services, features,
functions, and capabilities shall be processed as follows:
a. A competitive local exchange service
provider may make a bona fide request of a local exchange carrier to make
additional unbundled essential facilities available. After receiving a request
for additional unbundled essential facilities, the local exchange carrier shall
respond within 30 days of the request either by agreeing to the request or by
denying the request. If the local exchange carrier agrees to fulfill the
request, the carrier shall file a tariff unbundling the essential facility
within 60 days of the initial request.
b. If the local exchange carrier denies the
request, a competitive local exchange service provider may petition the
commission to classify the requested facility as essential, as defined by Iowa
Code section 476.100(2), and to require the local exchange carrier to make the
requested facility available on an unbundled basis by filing a tariff. In such
a petition, the competitive local exchange service provider shall provide
information to the commission showing how the requested facility meets the
definition of essential facility found in Iowa Code section 476.100(2).
The petitioning party under this subrule may state a preference for proceeding by rule making or contested case, but the commission will select the process to be used.
(3)
Alternative procedures.
As an alternative to the procedures in subrule 38.4(2), a competitive local
exchange service provider may elect the negotiation, mediation, and arbitration
procedures available under 47 U.S.C. Section 252, by notifying the local
exchange carrier and the commission in writing at the time additional unbundled
facilities are requested.
(4)
Reclassifying essential facilities. A local exchange carrier
may, at any time, petition the commission with a request that a facility
classified as essential, either by the terms of subrule 38.4(1) or pursuant to
a subsequent request of a competitive local exchange service provider, be
removed from that classification and no longer be required to be provided on an
unbundled basis. With its petition, the local exchange carrier shall provide
information to the commission showing why the facility no longer meets the
definition of essential found in Iowa Code section 476.100(2). The commission
will determine the procedure to be used in reviewing the petition.
(5)
Interconnection to essential
facilities.
a.
Nondiscriminatory access. All competitive local exchange
service providers shall have access to a local exchange carrier's unbundled
facilities on the same nondiscriminatory terms and conditions. Such terms and
conditions shall be specified in the local exchange carrier's tariff for
unbundled facilities.
b.
Reasonable equal access. The terms and conditions under which
competitive local exchange service providers shall be able to interconnect with
a local exchange carrier's unbundled facilities shall be technically and
economically equivalent to those under which the local exchange carrier
provides those facilities to itself or its affiliates. If it believes such
terms and conditions are not technically or economically feasible, the local
exchange carrier may petition the commission for a waiver of this
provision.
Notes
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