Section 790.100  Definitions

 

"Act" means the Public Utilities Act [220 ILCS 5].

 

"Adjacent space collocation" is a type of physical collocation that, in the event space is legitimately exhausted in a particular incumbent local exchange carrier (ILEC) premises, an ILEC must make available in adjacent controlled environmental vaults or similar structures, to the extent technically feasible.

 

"Advanced services" is defined as high speed, switched, broadband, wire line telecommunications capability that enables users to originate and receive high-quality voice, data, graphics or video telecommunications using any technology.

 

"Bona fide request" means a written request by a telecommunications carrier for interconnection for the purpose of exchange of local traffic, access or connection to an unbundled network element (including combinations and collocation arrangements) that is customized or different in quality from those recognized under the Illinois Commerce Commission's (Commission) requirements, included in existing interconnection agreements, or currently deployed in any other ILEC's network.

 

"Caged collocation" is a type of physical collocation whereby the collocation space is dedicated to the telecommunications carrier by placing a chain link fence or other structure around the telecommunications carrier's collocation space (not including a top). This space shall be made available by an ILEC to a telecommunications carrier in 50 square feet increments and access to the space shall be limited to the telecommunications carrier and any of its authorized representatives.

 

"Cageless collocation" is a type of physical collocation that allows a telecommunications carrier to collocate in increments as small as a single bay or a single rack in any unused space in an ILEC's premises, without the ILEC requiring the construction of a cage or similar structure and without the ILEC requiring intermediate interconnection when direct connection to the ILEC's network is technically feasible.

 

"Central office" or "CO" means a location within a local exchange area where subscriber lines or interoffice trunks are connected to a local exchange carrier's switch.

 

"End user" means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity provided with a telecommunications service for its own consumption and not for resale. [220 ILCS 5/13-217]

 

"Federal Act" means the Telecommunications Act of 1996 (47 USC 151).

 

"FCC" means Federal Communications Commission.

 

"High frequency portion of the loop" or "HFPL" means the frequency range above the voice band on a copper loop facility that is being used to carry analog circuit-switched voice band transmissions. Use of the word "copper" is not intended to limit an ILEC's obligation to provide competitive local exchange carriers (CLECs) with access to the fiber portion of a digital loop carrier loop for the provision of line-shared digital subscriber line services.

 

"Incumbent local exchange carrier" or "ILEC" means, with respect to an area, the telecommunications carrier that provided noncompetitive local exchange telecommunications service in that area on February 8, 1996, and on that date was deemed a member of the exchange carrier association pursuant to 47 CFR 69.601(b), and includes its successors, assigns, and affiliates. [220 ILCS 5/13-202.5]

 

"Interconnection" means the point in a network where one telecommunications carrier or end user interfaces with the ILEC's network or the network provided by another telecommunications carrier under the provisions of this Part.

 

"Interexchange carrier" means any telecommunications carrier that is certificated to provide interexchange services (see Section 13-403 of the Act [220 ILCS 5/13-403]) within Illinois as defined in Section 13-205 of the Act [220 ILCS 5/13-205].

 

"Legitimately exhausted" means that all space in a central office that can be used or is useful to locate telecommunications equipment in any of the methods of collocation available is exhausted or completely occupied.

 

"Local exchange carrier" or "LEC" means a telecommunications carrier under the Act that is a provider of local exchange telecommunications services as defined in Section 13-204 of the Act [220 ILCS 5/13-204].

 

"Loop" means a transmission path capable of transporting analog or digital signals from the network interface at a customer's premises to a distribution frame, digital signal cross-connect panel, or similar demarcation, that is accessible to the telecommunications carrier or end user. Loop types are distinguished primarily by their electrical interface, not by the type of transmission facility used.

 

"Meet point" means a point of interconnection between two networks, designated by two telecommunications carriers, at which point one carrier's responsibility for service begins and the other carrier's responsibility ends.

 

"Physical collocation" means the type of interconnection provided by an ILEC to a telecommunications carrier or end user where the telecommunications carrier or end user locates its equipment within space assigned by the LEC for the telecommunications carrier's or end user's exclusive use and where the telecommunications carrier or end user has physical access and control over its equipment subject to the provisions of this Part, FCC rules, any applicable tariff, and any agreement.

 

"Premises" refers to an ILEC's central offices, remote terminals, tandem offices, and serving wire centers, as well as all buildings and structures owned or leased by an ILEC to house its network facilities, and all structures that house ILEC facilities on public rights-of-way, including, but not limited to, vaults containing loop concentrators or similar structures.

 

"Rating point" means a point used in calculating the length of interoffice special access links.

 

"Rural telephone company" means a rural telephone company as defined by the Federal Act (47 USC 153(37)).

 

"Serving wire center" means the location in the LEC network that serves a telecommunications carrier's (such as an interexchange carrier) point of presence.

 

"Shared collocation" means a type of physical collocation in which two or more telecommunications carriers share a collocation space pursuant to the terms and conditions agreed to by the telecommunications carriers.

 

"Special access or private line" means a transmission path that connects customer-designated premises directly through a local exchange carrier's hub or hubs where bridging or multiplexing functions are performed, or to connect a customer-designated premises and a serving office, and includes all exchange access not utilizing the local exchange carrier's end office switches.

 

"Subloops", as defined in 47 CFR 51.319(a)(2) as of September 12, 2001, mean any portion of the loop that it is technically feasible to access at terminals in the ILEC's outside plant. No later amendments or editions are included in this incorporation.

 

"Technically feasible" means that interconnection, access to unbundled network elements, collocation, and other methods of achieving interconnection or access to unbundled network elements at a point in the network shall be deemed technically feasible absent technical or operational concerns that prevent the fulfillment of a request by a telecommunications carrier for such interconnection, access, or methods. A determination of technical feasibility does not include consideration of economic, accounting, billing, space, or site concerns, except that space and site concerns may be considered in circumstances where there is no possibility of expanding the space available. The fact that an ILEC must modify its facilities or equipment to respond to such request does not determine whether satisfying such request is technically feasible. An ILEC that claims that it cannot satisfy such request because of adverse network reliability impacts must prove to the Commission by clear and convincing evidence that such interconnection, access, or methods would result in specific and significant adverse network reliability impacts. 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 ILEC premises.

 

"Telecommunications carrier" means any telecommunications carrier, as defined in Section 13-202 of the Act [220 ILCS 5/13-202] providing local exchange telecommunications services as defined in Section 13-204 of the Act. In addition, a telecommunications carrier is any entity certificated by the Commission under Section 13-401, 13-403, 13-404, or 13-405 of the Act [220 ILCS 5/13-401, 13-403, 13-404, and 13-405].

 

"Tier 1 LEC" means a local exchange carrier having annual gross revenues from regulated telecommunications operations of $100 million or more.

 

"Virtual collocation" means an offering by an ILEC that enables a telecommunications carrier or end user to specify equipment to be used for interconnection for the purpose of accessing LEC, switched and special access services or access to unbundled network elements in an ILEC's premises and electronically monitor and control the telecommunications carrier or end user's communications channels terminating in such equipment.

 

Section 790.200  Applicability of Subpart B

 

This Subpart shall apply to any telecommunications carrier, as defined in Section 13-202 of the Act, providing local exchange telecommunications services as defined in Section 13-204 of the Act. In addition, this Subpart shall apply to any entity certificated by the Commission under Section 13-401, 13-403, 13-404, or 13-405 of the Act.

 

Section 790.210  Interconnection  

 

Each telecommunications carrier has the duty:

 

a)         To interconnect directly or indirectly with the facilities and equipment of other telecommunications carriers; and

 

b)         Not to install network features, functions, or capabilities that do not comply with the guidelines and standards established pursuant to section 255 or 256 of the Federal Act (47 USC 255 and 256) and the safety and equipment standards of Section 790.220.

 

Section 790.220  Safety and Equipment Standards

 

a)         All telecommunications carriers and end users are required to provide the necessary protection, bonding, and grounding to for all facilities that connect to the facilities of telecommunications carriers, end users, and other portions of the Public Switched Network, to comply with Section 9, "Grounding Methods of Electric Supply and Communications Facilities," of the National Electrical Safety Code C2-2002 (2002 edition, approved June 4, 2001, published by the Institute of Electrical and Electronics Engineers, Inc., 3 Park Avenue, New York NY 10016-5997); no later amendments or editions are included.

 

b)         ILECs may not impose safety and engineering standards on a telecommunications carrier's or end user's equipment that are more stringent than the safety and engineering standards that the ILEC applies to its own equipment.

 

c)         In the event that an ILEC determines that a telecommunications carrier's or end user's equipment is not necessary for interconnection or access to unbundled network elements or does not meet the safety standards in subsection (a), the telecommunications carrier or end user shall be given ten calendar days to comply with the requirements or remove the equipment. If, after ten calendar days, the parties do not resolve the dispute, a decision by the ILEC to disconnect the equipment will be deemed proper, if challenged, if it can demonstrate to the Commission that the continued operation of such equipment will result in an immediate danger to surrounding equipment or the ILEC's premises or personnel. If the ILEC cannot make such demonstration, the telecommunications carrier or end user shall be allowed to continue to operate the equipment at issue during the pendency of the dispute.

 

d)         After the ten calendar days provided for in subsection (c), the telecommunications carrier or end user may file a complaint with the Commission pursuant to 83 Ill. Adm. Code 200 or 83 Ill. Adm. Code 766, whichever is applicable, seeking a formal resolution of the dispute. If, after notice and an opportunity for hearing, the Commission finds that the equipment in question does not meet equipment and/or safety standards, the telecommunications carrier or end user shall remove the equipment within ten calendar days after receipt of the Commission's order. In the event that the ILEC disconnected the telecommunications carrier's or end user's equipment and the Commission finds that the disconnection was improper, the ILEC shall reimburse the telecommunications carrier or end user for costs associated with the improper disconnection within ten calendar days after receipt of the Commission's order.

 

Section 790.300  Applicability of Subpart C

 

Except as provided in Section 790.360, this Subpart shall apply to all ILECs.

 

Section 790.310  Interconnection for the Purpose of Transmitting and Routing of Either Exchange or Exchange Access Service

 

Interconnection for the purpose of transmitting and routing of either exchange or exchange access service shall be in accordance with the provisions of the Federal Act.

 

a)         Each ILEC has the duty to provide, for the facilities and equipment of any telecommunications carrier, interconnection with the ILEC's network:

 

1)         For the transmission and routing of telephone exchange service and exchange access;

 

2)         At any technically feasible points within the ILEC's network chosen by the requesting carrier; however, the ILEC may not require the requesting carrier to interconnect at more than one technically feasible point within a local access and transport area (LATA);

 

3)         That is at least equal in quality to that provided by the ILEC to itself or to any subsidiary, affiliate, or any other party to which the ILEC provides interconnection; and

 

4)         On rates, terms, and conditions that are just, reasonable, and nondiscriminatory, in accordance with the terms and conditions of an interconnection agreement, the requirements of sections 251 and 252 of the Federal Act, and this Subpart.

 

b)         Methods of obtaining interconnection and access to unbundled network elements. An ILEC may not deny a telecommunications carrier's preferred method of interconnection for any reason other than technical feasibility as defined in this Part and by the FCC in 47 CFR 51.5. Technically feasible methods of obtaining interconnection or access to unbundled network elements include, at a minimum:

 

1)         Physical and virtual collocation at the premises of an ILEC;

 

2)         Adjacent collocation where space is legitimately exhausted in a particular ILEC premises; and

 

3)         Meet-point interconnection arrangements.

 

c)         Points of interconnection. Technically feasible points within the ILEC's network include, at a minimum:

 

1)         The line-side of a local switch or remote terminal device;

 

2)         The trunk-side of a local switch or remote terminal device;

 

3)         The trunk interconnection points for a tandem switch;

 

4)         Central office cross-connect point; out-of-band signaling transfer points necessary to exchange traffic at these points and access call-related databases; and

 

5)         The points of access to unbundled network elements.

 

d)         Interconnection of microwave technologies. ILECs shall accommodate interconnection of microwave technology, on the exterior and interior of ILEC premises, used for interconnection to, or for access to network elements of, the ILEC or a collocated carrier, unless the ILEC demonstrates to the Commission that it is not practical due to technical reasons or space limitations.

 

e)         Locations of interconnection. Technically feasible locations of interconnection include, at a minimum:

 

1)         Serving wire centers;

 

2)         Host and remote end offices;

 

3)         Tandem offices;

 

4)         Controlled environmental vaults (includes cabinets and buildings); and

 

5)         Any point within the ILEC loop plant (e.g., distributor-feeder interface, remote terminal).

 

f)         Rejection of an interconnection request. An ILEC may not deny a telecommunications carrier's request to deploy a technology that is presumed acceptable for deployment unless the ILEC demonstrates to the Commission, through a petition filed on its own accord pursuant to 83 Ill. Adm. Code 200 or in a complaint proceeding initiated by the telecommunications carrier, that deployment of the particular technology is technically infeasible or will significantly degrade the performance of advanced services or traditional voice band services.

 

1)         Upon the ILEC's rejection of a request for interconnection at a particular point, a particular method of interconnection, or particular collocation arrangement (collectively "interconnection request"), the telecommunications carrier may file a complaint with the Commission pursuant to 83 Ill. Adm. Code 200 or 83 Ill. Adm. Code 766, whichever is applicable. If the telecommunications carrier claims that such interconnection request has been previously successful on another ILEC network, the telecommunications carrier shall include in its complaint the name of the ILEC that was able to implement the interconnection request and a description of that interconnection request. An ILEC denying an interconnection request is not relieved by this Section of its responsibility to notify the Commission of the dispute and file for a waiver under Section 790.330(h).

 

2)         If such interconnection request is contested, an ILEC that denies an interconnection request must prove to the Commission that the interconnection request is not technically feasible and/or will significantly degrade the performance of advanced services or traditional voice band services. Within seven business days after the telecommunications carrier's filing of a complaint, the ILEC shall file documentation fully supporting its contention that the interconnection request is not technically feasible and/or will significantly degrade the performance of advanced services or traditional voice band services. Other interested parties shall be allowed to intervene in the dispute in accordance with 83 Ill. Adm. Code 200 or 83 Ill. Adm. Code 766, whichever is applicable. For complaints filed under 83 Ill. Adm. Code 200, the Commission shall take all necessary actions to resolve any dispute under this subsection (f)(2) within 90 days after the filing of the complaint, unless such time period is waived by the telecommunications carrier. The schedule for the resolution of complaints filed under 83 Ill. Adm. Code 766 shall be as provided for in that Part.

 

3)         In the course of resolving an interconnection dispute, the ILEC shall not refuse, on the basis of the pending proceeding, to enter into an interconnection agreement and/or true-up arrangement with the requesting telecommunications carrier. If requested by the telecommunications carrier, it and the ILEC shall enter into an interconnection agreement containing mutually agreeable language to be implemented during the resolution of the dispute. Upon resolution of the dispute, the interconnection agreement shall be amended, if necessary, consistent with the outcome of the dispute.

 

4)         A previously successful interconnection request on any ILEC's network is substantial evidence that such interconnection request is technically feasible in the case of substantially similar network points or locations. A requesting telecommunications carrier seeking a particular collocation arrangement is entitled to a presumption that such arrangement is technically feasible if any LEC has deployed such collocation arrangement in any ILEC premises.

 

g)         Methods of transport and termination. An interconnecting telecommunications carrier may require the use of one-way trunks to interconnect and transport unidirectional traffic. Traffic transported in both directions may be transported over one-way trunks or two-way trunks as agreed to by the interconnecting carriers in their interconnection agreement.

 

Section 790.320  Access to Unbundled Network Elements

 

a)         Each ILEC has the duty to provide, to any requesting carrier for the provision of a telecommunications service, nondiscriminatory access to network elements on an unbundled basis at any technically feasible point on terms and conditions that are just, reasonable, and nondiscriminatory in accordance with an interconnection agreement, the requirements of sections 251 and 252 of the Federal Act, and this Subpart.

 

b)         Network elements to be made available. Network elements to be provided by an ILEC, include at a minimum:

 

1)        Any network element that the FCC determines must be unbundled through rules enacted by the FCC pursuant to sections 251 and 252 of the Federal Act, and

 

2)         Any other network element that the Commission determines can be, and that the public interest requires to be, unbundled, consistent with the Federal Act, the Act and decisions of the federal courts and the FCC.

 

c)         Quality of unbundled network elements. To the extent technically feasible, the quality of an unbundled network element, as well as the quality of the access to such unbundled network element, that an ILEC provides to a requesting telecommunications carrier shall be at least equal in quality to that which an ILEC provides to itself. An ILEC that denies a request to provide a requested unbundled network element or access to such unbundled network element that is at least equal in quality to that which an ILEC provides to itself, if contested, must prove to the Commission that such request cannot be granted.

 

d)         An ILEC may not refuse to provide a telecommunications carrier with loop and subloop profile information, to the extent that such information must be provided, while the telecommunications carrier's State certification is pending, nor while the telecommunications carrier is awaiting a final approved interconnection agreement. The telecommunications carrier requesting unbundled network elements and/or physical collocation is responsible for obtaining any necessary certifications or approvals from the Commission prior to the offering of telecommunications service by using unbundled network elements.

 

Section 790.330  Collocation

 

a)         Each ILEC has the duty to provide, on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, for physical collocation of equipment necessary for interconnection or access to unbundled network elements at any technically feasible point at the premises of the ILEC, except that the ILEC may provide for virtual collocation if the ILEC demonstrates to the Commission that physical collocation is not practical for technical reasons or because of space limitations.

 

b)         Parties entitled to collocate. Parties entitled to collocate at ILEC locations shall include any entity to which the Commission has issued a certificate under Section 13-401, 13-403, 13-404, or 13-405 of the Act.

 

c)         The telecommunications carrier requesting physical collocation is responsible for obtaining any necessary certifications or approvals from the Commission prior to providing telecommunications service by using the physical collocation space. An ILEC may not refuse to process an application for collocation space submitted by a competitor while that competitor's State certification is pending. Additionally, an ILEC may not refuse to process an application for collocation space and shall not refuse to provision the collocation space submitted by a competitor prior to a final approved interconnection agreement.

 

d)         Equipment that can be collocated. An ILEC shall permit the collocation of any type of equipment for interconnection or access to unbundled network elements in a manner consistent with the Act and Federal Act. Equipment necessary for interconnection and access to unbundled network elements includes, but is not limited to:

 

1)         Transmission equipment, including, but not limited to, optical terminating equipment and multiplexers;

 

2)         Equipment being collocated to terminate basic transmission facilities pursuant to 47 CFR 64.1401 and 64.1402 as of August 1, 1996. No later amendments or editions are included in this incorporation; and

 

3)         Digital subscriber line access multiplexers, routers, asynchronous transfer mode multiplexers, and remote switching modules (also known as remote switching centers).

 

e)         Physical collocation offerings. An ILEC's physical collocation offerings must include, at least, the following:

 

1)         Caged collocation;

 

2)         Shared collocation. Shared collocation arrangements must be consistent with the following:

 

A)        Telecommunications carriers sharing physical collocation space may, at their option:

 

i)          enter into a sublease type arrangement where the first telecommunications carrier acts as an interface between the ILEC and other telecommunications carriers sharing the first telecommunications carrier's collocation space; or

 

ii)         each have a direct business or contractual relationship with the ILEC for ordering unbundled network elements, provisioning service, and collocating for the purpose of interconnection to the ILEC's network.

 

B)        The ILEC may not restrict or otherwise influence with whom a telecommunications carrier may share its physical collocation space so long as the entity sharing the telecommunications carrier's collocation space is another telecommunications carrier and the sharing of the collocation space is technically feasible and complies with Section 790.220 of this Part.

 

C)        Telecommunications carriers sharing physical collocation space shall decide among themselves what portion of the space available for sharing will be used by each telecommunications carrier and whether and how the telecommunications carriers will reimburse each other for any previously paid collocation space preparation costs.

 

D)        Telecommunications carriers shall notify the ILEC as to the portion of the shared collocation space being occupied by each telecommunications carrier for the ILEC's billing purposes.

 

E)        The ILEC may not interfere with any agreement, including an agreement to cross-connect, among telecommunications carriers sharing physical collocation space so long as the agreement does not conflict with any federal or State requirements.

 

F)         If each telecommunications carrier has a direct business relationship with the ILEC, the ILEC shall submit separate bills to each telecommunications carrier sharing the physical collocation space.

 

G)        The ILEC may not increase the cost of site preparation or nonrecurring charges above the cost of providing such a space of similar dimensions and material to a single collocating telecommunications carrier. The ILEC must prorate the charge for site conditioning and preparation undertaken by the ILEC to construct the shared collocation space or condition the space for collocation use, regardless of how many telecommunications carriers actually collocate in that space, by determining the total charge for site preparation and allocating that charge to a collocating telecommunications carrier based on the percentage of the total space utilized by that telecommunications carrier;

 

3)         Cageless collocation. With regard to cageless collocation, an ILEC must not require competitors to use an intermediate interconnection arrangement in lieu of direct connection to the ILEC's network, if technically feasible;

 

4)         Adjacent space collocation. With regard to adjacent space collocation, an ILEC must:

 

A)        Permit the requesting carrier to construct or otherwise procure structures for adjacent space collocation, subject only to reasonable safety and maintenance requirements.

 

B)        Provide power and physical collocation services and facilities, subject to the same nondiscrimination requirements as applicable to any other physical collocation arrangement.

 

C)        Permit the requesting carrier to place its own equipment, including, but not limited to copper cables, coaxial cables, fiber cables, and telecommunications equipment in adjacent facilities constructed by either the ILEC or by the requesting carrier itself.

 

D)        Give an interconnecting carrier that has initiated collocation in an adjacent space or facility the option of remaining in the adjacent space collocation arrangement or moving into the relevant central office or other premises upon space becoming available inside the relevant central office or other premises; interconnecting carriers opting to move shall pay costs associated with the move.

 

i)          If the area occupied by the interconnecting carrier's adjacent space collocation arrangement is necessary to the ILEC's plans to expand its premises, the interconnecting carrier should be required to move to another collocation location.

 

ii)         In such instances, the ILEC shall pay costs associated with the move.

 

f)         Security. Telecommunications carriers with collocation at an eligible structure shall have access to their physically collocated equipment 24 hours a day, seven days a week, without an escort. An ILEC shall not delay a telecommunications carrier's entry into the eligible structure or access to its physically collocated equipment. ILECs will provide telecommunications carriers with collocation at an eligible structure with reasonable access to restroom facilities and parking. An ILEC may establish certain reasonable security arrangements to protect its equipment from harm and ensure network security and reliability. Reasonable security measures employed by an ILEC include, but are not limited to, enclosing its equipment in its own cage, installing security cameras or other monitoring systems, requiring a telecommunications carrier's personnel to use badges with computerized tracking systems, or other reasonable security measures. An ILEC choosing to implement reasonable security arrangements may require a telecommunications carrier to pay only for the least expensive, effective security option that is viable for the physical collocation space assigned. An ILEC may also require telecommunications carriers' employees to undergo the same level of security training, or its equivalent, that the ILEC's own employees, or third party contractors providing similar functions, must undergo.

 

g)         Space allocation and exhaustion. ILECs shall apply the same space reservation policies to telecommunications carriers as it applies to itself. ILECs shall:

 

1)         Offer space on a first-come, first-served basis to all telecommunications carriers;

 

2)         Unless otherwise agreed upon by the ILEC and telecommunications carrier, notify the carrier, within ten calendar days after the request for physical collocation, if the request for collocation space has been granted or denied;

 

3)         If the request for collocation is granted, provide the quotation of the applicable nonrecurring and recurring rates, and the estimated construction interval, with the notification that the request is granted. If the requesting carrier accepts the quotation, it must inform the ILEC of that acceptance within seven calendar days after receiving the ILEC's price quotation. If the requesting carrier meets this deadline, the provisioning interval will begin on the date the ILEC received an acceptable collocation application. Access to the physical collocation space by the requesting carrier shall be allowed within 30 calendar days after submission of an acceptable collocation application. If the requesting carrier fails to meet this deadline, the provisioning interval will begin on the date the requesting carrier informs the ILEC that physical collocation should proceed; in which case, access to the physical collocation space by the requesting carrier shall be allowed within 30 calendar days after the requesting carrier informs the ILEC that physical collocation should proceed;

 

4)         If the request is denied for reasons other than technical feasibility or space exhaustion, the ILEC must specify in detail any deficiencies leading to the request denial. The requesting carrier must cure any deficiencies in its application within ten calendar days after receiving the collocation denial, if it wants to retain its place in the ILEC's collocation queue;

 

5)         Respond to a telecommunications carrier's first ten collocation applications within ten calendar days. If the telecommunications carrier submits 11 to 15 applications requesting collocation, the ILEC must respond within 15 calendar days. For every five requests above 15, the quotation interval will increase five calendar days;

 

6)         Allow telecommunications carriers to place facilities in collocation space and connect equipment to facilities of other telecommunications carriers in the collocation space, as described by the FCC, within the time intervals specified or agreed to in the applicable tariff, interconnection agreement, or Commission order;

 

7)         Offer a physical collocation arrangement until unused space is filled to capacity, such that no ILEC premises can accommodate any technically feasible physical collocation alternative. ILECs shall not wait until a physical collocation application is submitted to request a waiver under subsection (h) for a particular facility. Physical collocation applications submitted pending the resolution of a waiver request under subsection (h) may be held until the waiver request is resolved. In the event that space becomes available during the waiver request proceeding, held applications shall be processed on a first-come, first-served basis;

 

8)         Not reject subsequent collocation requests due to lack of space, but shall offer a virtual collocation arrangement in lieu of the physical collocation arrangement unless the ILEC has obtained a waiver under subsection (h). The provisioning of virtual collocation may be postponed until a pending waiver request under subsection (h) is resolved. When providing virtual collocation, an ILEC shall, at a minimum, install, maintain, and repair collocated equipment identified in subsection (d) within the same time periods and with failure rates that are no greater than those that apply to the performance of similar functions for comparable equipment of the ILEC itself.

 

9)         Remove all unused obsolete equipment from the ILEC premises and make such space available for collocation before making a determination that space in the premises is legitimately exhausted. The ILEC may not make only minimal or token use of otherwise obsolete equipment to avoid having to remove the particular equipment and make space available for collocation. The removal of unused obsolete equipment shall not cause a delay in the ILEC's response to a telecommunications carrier's application or in provisioning collocation arrangements.

 

A)        In making the determination of whether space is legitimately exhausted, the ILEC may retain a limited amount of floor space for its own uses. Specifically, the ILEC may reserve space for transport equipment for one year of anticipated growth, space for digital cross-connect system equipment for three years of anticipated growth, and space for switching, power, and main distribution frame equipment for five years of anticipated growth. In those premises where collocators existed on May 1, 2003, the space reservation time limits shall be calculated beginning on May 1, 2003. In those premises where collocators did not exist on May 1, 2003, the space reservation time limits shall be calculated beginning on the date upon which the first telecommunications carrier applied for collocation in the particular premises.

 

i)          An ILEC may petition the Commission for and receive a variance from the space reservation limits contained in this subsection (g)(9)(A) for a particular ILEC facility upon a showing by the ILEC and a finding by the Commission that the limits would unreasonably impair the operation and functioning of that facility.

 

ii)         If granted, a variance will be effective for a period of up to two years from the date of the order granting the variance.  An ILEC may file for and be granted more than one variance and more than one extension of the variance period.  Any extension(s) of the variance period shall be for no longer than two years.

 

B)        The ILEC may not reserve space for equipment for itself, or for advanced or interLATA services affiliates or other ILEC affiliates or for future use by the ILEC or its affiliates, under conditions that are more favorable than those that apply to other telecommunications carriers seeking to reserve collocation space for their own use.  Before denying a request for physical collocation on the grounds of space limitation, the ILEC shall relinquish space used or reserved for future use in the central office that is not directly related or integral to the day-to-day operation and functioning of the central office. An ILEC shall also relinquish any space held for future use before denying a virtual collocation request on the grounds of space limitation, unless the ILEC proves to the Commission that virtual collocation at that point is not technically feasible.

 

C)        When planning renovations of existing facilities or constructing or leasing new facilities, an ILEC shall consider projected demand for collocation of equipment, including any forecasts submitted by collocating telecommunications carriers.

 

D)        Upon request by a telecommunications carrier, an ILEC shall provide, within ten calendar days after the submission of the request, a statement indicating the ILEC's available collocation space in a particular ILEC premises. The statement shall specify the amount of collocation space available at each requested premises, the number of current collocators, and any modifications in the use of the space since the last requested statement. The statement shall identify the amount of space being reserved by the ILEC for specific future use and a description of that specific future use. The statement shall also identify any measures that the ILEC is taking to make additional space available for collocation at that particular premises;

 

10)       Denial of an application for collocation. There shall be a rebuttable presumption that space is available for physical collocation in an ILEC's premises.

 

A)        An ILEC may not object to the collocation of equipment on the grounds that the equipment does not comply with safety or engineering standards that are more stringent than the safety or engineering standards that the ILEC applies to its own equipment. The ILEC must post on its publicly available website a list of all compliant equipment located at its premises. The ILEC shall update the list either on a monthly basis or each time new compliant equipment is added, but in no case less often than on a monthly basis.

 

B)        If an ILEC denies a collocation request, any charges collected with the application will be returned to the telecommunications carrier, except for any amount recovering the ILEC's cost to review the application. The ILEC shall provide, subject to any appropriate proprietary protections, the following information with the notification of the denial:

 

i)          a possible future space relief date, if applicable;

 

ii)         Central Office Common Language Identifier, where applicable;

 

iii)        total amount of space at the premises;

 

iv)        detailed floor plans, accompanied with proper legend and scale to assist in the interpretation of the floor plan and sufficient measurements to interpret size and spacing, including measurements of the ILEC's premises, showing space housing ILEC network equipment, non-regulated services space, and administrative offices; space housing obsolete unused equipment; space occupied by ILEC affiliates; space that does not currently house ILEC equipment or administrative offices but is reserved by the ILEC for future use by the ILEC or its affiliates; space occupied by and/or reserved for collocating telecommunications carriers for the purpose of network interconnection or access to unbundled network elements (including identification of each collocating telecommunications carrier); space, if any, occupied by third parties for other purposes, including identification of the uses of such space; identification of turnaround space for switch or other equipment removal plans and timelines, if any; any planned central office rearrangement/expansion plans, if applicable; and remaining space, if any; and

 

v)         description of other plans, if any, that may relieve space exhaustion, including plans showing any adjacent space not technically considered as part of premises.

 

C)        If an ILEC denies a collocation request, it must allow a tour of the premises in question upon request of the telecommunications carrier seeking to collocate. The telecommunications carrier may request a tour of the premises to verify space availability or lack of space. The request shall be submitted to the ILEC's representative in writing within five calendar days after receipt of the denial of the collocation request. Unless otherwise agreed to by the telecommunications carrier, the inspection tour shall be conducted within ten calendar days after the receipt of the denial of the collocation request.

 

D)        The ILEC representative will accompany and supervise the telecommunications carrier agent on the inspection tour. If the telecommunications carrier agent believes, based on the inspection tour of the premises, that the denial of collocation space is unsupportable, the telecommunications carrier agent shall promptly so advise the ILEC. The telecommunications carrier and the ILEC shall then each concurrently prepare a report detailing its own findings of the inspection tour. The telecommunications carrier and the ILEC reports shall be concurrently served on each other.

 

E)        Each ILEC shall maintain for two years all applications for physical collocation that were denied. When new space becomes available on or within a particular ILEC premises, the ILEC shall immediately provide written notification to the applicants who applied for, but were denied, physical collocation for those premises (consecutively, in the order in which they originally applied) and make space available to them in the order in which they originally applied. If the space is made available because another telecommunications carrier has terminated its collocation arrangement or the ILEC is executing a plan to remove equipment or convert space, the ILEC shall not wait for the space to be cleared of the equipment before providing notification to outstanding applicants. Applicants receiving notification of newly available space must affirmatively respond to the ILEC in writing within five business days after notification or be deemed to have forfeited the space. No ILEC may assign newly available space to its own subsidiary ahead of telecommunications carriers unless the affiliate had provided a written collocation request to the ILEC before the ILEC received collocation requests from other telecommunications carriers;

 

11)       Permit a requesting telecommunications carrier to subcontract all work associated with collocation cage or rack construction and equipment placement with contractors approved by the ILEC; provided, however, that the ILEC shall not unreasonably withhold approval of contractors and work to be performed. Approval by an ILEC shall occur within 30 calendar days after application to the ILEC and shall be based on the same criteria it uses in approving contractors or work performance for its own purposes. If the telecommunications carrier elects a contractor approved by the ILEC to perform similar work for the ILEC in its central office or other premises, the ILEC will allow the contractor to use any badges or credentials previously granted by the ILEC and will not require the CLEC to apply for or obtain additional approval, badges, or credentials for the contractor.

 

h)         Waiver procedures.

 

1)         ILECs must petition for a waiver of the requirements to provide physical or virtual collocation if the remaining space in a central office that can be used for physical collocation is less than 50 square feet. The Commission shall grant a waiver of the requirements to provide physical or virtual collocation if the FCC has granted a waiver due to lack of space or, after hearings, the Commission finds that the LEC has demonstrated that:

 

A)        a particular location lacks the unused space to provide physical or virtual collocation;

 

B)        all reasonable steps have been taken by the ILEC to reclaim administrative, equipment, maintenance, recreational, and storage space to maximize collocation space availability, including the removal of obsolete unused equipment; and

 

C)        all technically feasible alternatives for a telecommunications carrier to gain access to the ILEC's network, such as location in adjacent structures, have been found to be infeasible.

 

2)         Any ILEC intending to file a petition for waiver of the requirement to provide physical or virtual collocation for a given location shall file a petition with the Commission pursuant to 83 Ill. Adm. Code 200. This petition shall include all relevant information, including, but not limited to: detailed floor plans of the premises, including identification and location of all ILEC and telecommunications carrier equipment; blueprints; and future facility expansion and enhancement information.

 

3)         Within ten calendar days after the date the petition is filed with the Commission, a Commission Staff member shall be allowed to tour the entire premises in question.

 

4)         The ILEC has the burden of proof in showing that these requirements have been met. The ILEC shall submit floor plans, sworn affidavits, written testimony and any other evidence necessary to meet its burden of proof. The ILEC's sworn testimony shall describe and identify:

 

A)        all the ILEC equipment located in the premises in question;

 

B)        the equipment being retired within two years after the date the petition is filed;

 

C)        the expected retirement dates of this equipment;

 

D)        any space reserved for use by the ILEC or any other telecommunications carrier and expected use of reserved space by the ILEC; and

 

E)        the steps taken to provide any alternative physical collocation solution, such as adjacent space collocation, to any requesting telecommunications carriers.

 

5)         Upon completing its review of this information Staff shall provide a report to the Commission recommending either that the Commission accept the ILEC's space exhaust claim or that the Commission undertake an investigation to determine the propriety of its claim.

 

Section 790.340  Pricing

 

An ILEC's rates for interconnection, unbundled network elements, and collocation (collectively "components"), for purposes of pricing components under Sections 790.310, 790.320, and 790.330, shall equal the forward-looking economic cost of the component, where the forward-looking economic cost equals the sum of the total element long-run incremental cost of the component and a reasonable allocation of forward-looking joint and common costs, as defined by the FCC and determined by the Commission.

 

Section 790.350  Reporting Requirements under Subpart C

 

a)         Each ILEC shall, upon request of the Commission, file a report with the Commission providing the following information as known on December 31 of the previous year:

 

1)         The telecommunications carriers that are collocated and interconnected at ILEC premises, and the collocators that have purchased unbundled network elements;

 

2)         The general location in the ILEC's network (as identified as a central office, adjacent space, or a remote location) at which point each interconnection occurs;

 

3)         The specific unbundled network elements purchased by each particular telecommunications carrier and the total quantity of each unbundled network element that has been purchased by the telecommunications carrier;

 

4)         With respect to telecommunications carriers that have been refused interconnection and collocation, and the telecommunications carriers that have been refused unbundled network elements, the reason for refusal and the premises relating to the refusal.

 

b)         For purposes of collocation, each ILEC that has received a request for collocation must maintain a publicly available document, posted on the ILEC's publicly available website, that indicates all premises that are filled to capacity. If the Commission determines that a premises no longer has available collocation space, the ILEC must update such document within ten days after the date of the Commission's determination. Correspondingly, if a previously-filled premises were to subsequently have space available, the ILEC must update the document within ten days after the date that a premises has open collocation space.

 

c)         Information included in each report filed by each ILEC pursuant to subsection (a) shall be marked confidential by the ILEC and shall be treated as proprietary and exempt from public disclosure and will be accessible only by the Commission and Commission Staff for a period of five years following the date the report is filed.

 

(Source:  Amended at 41 Ill. Reg. 3961, effective March 26, 2017)

 

Section 790.360  Rural Exemption

 

a)         This Subpart shall not apply to a rural telephone company until such company has received a bona fide request for interconnection, services, network elements, or collocation and the Commission determines, pursuant to section 251(f)(1) of the Federal Act, that such request is not unduly economically burdensome and technically feasible.

 

b)         An ILEC with fewer than two percent of the nation's subscriber lines installed in the aggregate nationwide may petition the Commission for suspension or modification of the requirements of this Subpart. The Commission shall grant the suspension or modification if it determines, pursuant to section 251(f)(2) of the Federal Act, that suspension or modification is necessary to avoid imposing a requirement that is unduly economically burdensome or technically infeasible.

 

Section 790.400  Applicability of Subpart D

 

This Subpart shall apply to any telecommunications carrier.

 

Section 790.405  Exclusion

 

Subpart D shall not be applicable to any telecommunications carrier that is not a Tier-1 LEC.

 

Section 790.410  Special Access and Private Line Interconnection – Availability of Expanded Interconnection

 

a)         Tier 1 LECs shall file intrastate tariffs providing for interconnection under a physical collocation arrangement for all locations for which the LEC has an interstate tariff in effect for expanded interconnection in compliance with the FCC Expanded Interconnection Rule (CC Docket No. 91-141, FCC 92-440 (rel. October 19, 1992)).

 

b)         Tier 1 LECs may petition for, and the Commission shall grant, a waiver of the requirement to provide physical collocation if the FCC has granted a waiver due to the lack of space or, after hearings, the Commission finds that the LEC has demonstrated that a particular location lacks the space necessary to provide physical collocation.

 

c)         Tier 1 LECs may petition for, and the Commission shall grant, a waiver of the requirement to provide virtual collocation if the FCC has granted a waiver due to the lack of space or, after hearings, the Commission finds that the LEC has demonstrated that a particular location lacks the space necessary to provide virtual collocation.

 

d)         Parties entitled to request interconnection at LEC locations in order to terminate their own special access or private line transmission facilities shall include:

 

1)         Any entity to which the Commission has issued a certificate under Section 13-401, 13-403, 13-404, or 13-405 of the Act for the telecommunications services in the geographical area of the interconnection request; and

 

2)         End users. An end user may seek an interconnection arrangement without certification requirements.

 

Section 790.415  Special Access and Private Line Interconnection – Standards for Interconnection Arrangements

 

a)         Space allocation and exhaustion. In LEC locations that are tariffed to provide physical collocation, LECs shall:

 

1)         Offer space on a first-come, first-served basis to all telecommunications carriers and end users;

 

2)         Offer a physical collocation arrangement until such space available for interconnection is filled to capacity;

 

3)         Not reject subsequent interconnection requests due to lack of space, but shall provide a virtual collocation arrangement in lieu of the physical collocation arrangement unless the LEC has obtained a waiver under Section 790.410(c); and

 

4)         Include the demand for interconnection when planning to remodel an existing location or building a new location in the same manner as any other demand for other services is taken into consideration.

 

b)         Points of interconnection. When virtual collocation is provided, LECs shall specify an interconnection point or points as close as possible to the location in which telecommunications carriers and end users are requesting interconnection. These interconnection points must be physically accessible by the telecommunications carriers and end users on a non-discriminatory basis. Under virtual collocation, the interconnection point shall constitute the demarcation between the telecommunications carrier or end user and the LEC ownership of facilities.

 

c)         Points of entry. LECs shall provide at least two separate points of entry to a location for the telecommunications carrier's or end user's cable facilities whenever there are at least two entry points for LEC cable facilities.

 

d)         Equipment placed by or for telecommunications carriers and end users. Expanded interconnection requirements shall apply only to CO equipment needed to terminate or aggregate basic transmission facilities. The LECs are not required to place or allow the placement of other types of equipment by telecommunications carriers and end users (such as switching equipment, enhanced services, or customer premises equipment) in the location under either a physical collocation arrangement or a virtual collocation arrangement.

 

e)         Interconnection of microwave technologies. Tier 1 LECs shall provide interconnection for microwave technology. Tier 1 LECs may petition for, and the Commission shall grant, a waiver of this subsection if the FCC has granted a waiver of the requirement to interconnect microwave technology or, after hearings, the Commission finds that the LEC has demonstrated that the CO cannot physically accommodate the equipment or it is not technologically feasible to provide the expanded interconnection.

 

f)         Locations at which interconnection is available. LECs shall provide expanded interconnection at serving wire centers and end offices (central offices).

 

g)         Shared use of switched and special access services. Telecommunications carriers and end users shall not be allowed to use intrastate special access expanded interconnection offerings to connect their transmission facilities with the local exchange carrier's intrastate switched services until the LEC has an effective tariff on file with the Commission implementing an interim local transport rate structure at the intrastate level in response to the order adopted by the FCC on September 17, 1992 in CC Docket 91-213, "In the Matter of Transport Rate Structure and Pricing."

 

Section 790.420  Special Access and Private Line Interconnection – Pricing and Rate Structure Issues

 

a)         Cross-connect charge. Prices for the connection charge shall equal or exceed the long-run service incremental costs (LRSIC) of providing the service.

 

b)         Contribution charge. The LECs are prohibited from recovering a contribution charge from telecommunications carriers and end users unless approved by the Commission as provided in this subsection. The LEC may petition for, and the Commission shall approve, a contribution charge if, after hearings, the Commission finds that the LEC has demonstrated a need for a contribution charge. Any contribution charge permitted under this Section shall only recover specifically identified subsidies or non-cost based allocations embedded in rates for special access or private line.

 

c)         There is no requirement through this Part to provide price parity between physical and virtual collocation arrangements.

 

d)         LEC special access or private line offerings.

 

1)         Pricing and rate structure flexibility for LEC special access or private line offerings. LECs with operational expanded interconnection offerings may petition the Commission to receive approval to implement a system of traffic density-related and cost-based zones for special access or private line services classified as noncompetitive services as defined in the Act. Rates within each zone must be averaged within each zone, but rates may differ for special access services between zones. Rates shall be based on average LRSIC within each zone.

 

2)         Volume and term discounts.

 

A)        LEC customers with long-term access arrangements of three years or more, as provided in the FCC Expanded Interconnection Rule (CC Docket No. 91-141, FCC 92-440 (rel. October 19, 1992)), may review these arrangements. These long-term arrangements must have been entered into on or before September 17, 1992.

 

B)        The right to end a long-term arrangement at a specific location will exist for a period of 180 days from the date the first cross-connect is operational in that location. Within five business days from the date on which the first expanded interconnection arrangement becomes operational in that location, the LEC shall file with the Commission a tariff transmittal stating that the fresh look period will begin to run as of the date the notice is filed with the Commission. If a party chooses to terminate a long-term arrangement within this period, the termination charge will be limited. The LEC may not charge more than the difference between the amount the customer has already paid and any additional charges that the customer would have paid for service if the customer had taken a shorter term offering corresponding to the term actually used, plus interest at the prime rate. Interest rates are to be adjusted to reflect changes in the prime rate and will apply to the balances due under the recalculation as they would have accrued over time.

 

C)        Reconfiguration charges must be applied in a neutral manner that does not discriminate based on whether the customer chooses to use an alternate provider's facility or LEC facility for special access or private line service, unless there are specific, identifiable cost differences. All nonrecurring charges applicable to a customer's shifting to an alternate provider's services are to be set no higher than cost-based levels. In addition, the difference between the charges applicable when a customer shifts to an alternate provider's services and those applicable when  a customer reconfigures its service with the LEC must be cost-based. The customer is entitled to the limitation on the termination charges even if it does not terminate service under the long-term arrangement with the LEC until after the 180-day period has expired.

 

D)        Rates contained in tariffs that include volume and term discounts shall be cost-based.

 

3)         Distance sensitivity. Rate elements contained in the tariffs that are based on distance sensitivity must be cost-based.

 

Section 790.430  Switched Transport Interconnection – Availability of Expanded Interconnection

 

Availability of switched transport interconnection shall be provided under the same terms and conditions as special access interconnection (see Section 790.410), except a LEC shall not be required to provide switched transport interconnection at any location where it is technologically unfeasible (see Section 790.415(f)). LECs may petition for, and the Commission shall grant, a waiver of the requirement to provide physical collocation if the FCC has granted a waiver due to the lack of space, or if, after hearings, the Commission finds that the LEC has demonstrated that it is not technically feasible to provide physical collocation at a particular location.

 

Section 790.435  Switched Transport Interconnection – Standards for Expanded Interconnection Arrangements

 

Standards for switched transport interconnection shall be provided under the same terms and conditions as special access interconnection (see Section 790.415) with the addition of tandem offices as locations from which switched transport interconnection will be made available. LECs are not required to place or allow the placement of other types of equipment (such as enhanced services, customer premises, or switching equipment) in the location under either a physical collocation arrangement or virtual collocation arrangement.

 

Section 790.440  Switched Transport Interconnection – Pricing and Rate Structure Issues

 

Pricing and rate structure issues related to the provision of switched transport interconnection shall be under the same terms and conditions as special access interconnection (see Section 790.420, except for Section 790.420(d)). Any contribution charge permitted under this Section shall only recover specifically identified subsidies or non-cost based allocations embedded in rates for switched transport interconnection.

 

Section 790.445  Implementation of Switched Transport Interconnection

 

This Subpart shall apply to an individual LEC on the date the LEC has an effective tariff on file with the Commission implementing an interim local transport structure at the intrastate level in response to an order adopted by the FCC on September 17, 1992, in CC Docket 91-213, "In the Matter of Transport Rate Structure and Pricing."

 

Section 790.450  Reporting Requirements under Subpart D

 

Each LEC shall file reports with the Commission on March 1 of every year providing the following information as known on December 31 of the previous year:

 

a)         Entities using expanded interconnection in the service areas of the LEC; and

 

b)         The location at which each interconnection occurs.