Administrative Code

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Virginia Administrative Code
Title 20. Public Utilities and Telecommunications
Agency 5. State Corporation Commission
Chapter 421. Rules Governing Exemption from Providing Physical Collocation Pursuant to §251(C)(6) of the Telecommunications Act of 1996

20VAC5-421-10. Procedure; Exemption Request.

A. The incumbent local exchange carrier (ILEC) shall submit an original and 15 copies of its application requesting exemption to provide physical collocation with the Clerk of the State Corporation Commission. Three copies of the floor plan required by 20VAC5-421-20 B shall be provided to the commission's Division of Communications.

B. The ILEC shall file an exemption request only when no physical collocation space is available at the ILEC's premises.

C. 1. The ILEC shall file an application requesting exemption to provide physical collocation at any premises within 30 days of a denial to a carrier of space as described in subdivision 2 of this subsection.

2. If the exhaustion of space is determined outside of a denial to a carrier, the ILEC shall file its application within 45 days of such a determination.

D. 1. The ILEC shall furnish written notice of any request for exemption of physical collocation to all certificated local exchange carriers and interexchange carriers in Virginia.

2. The ILEC shall provide a copy of the application to interested parties upon request.

3. The ILEC shall also make available any proprietary information provided under 20VAC5-421-20 to interested parties in a timely manner and pursuant to a confidentiality agreement.

E. A carrier that has been denied an amount of space or a specific collocation arrangement in an ILEC's premises where some physical collocation space or alternative arrangements are still available may initiate a complaint with the commission in accordance with its Rules of Practice and Procedure (5VAC5-20-10 et seq.).

F. 1. The ILEC shall provide a tour of any premises to a carrier that has been denied collocation space or arrangement.

2. In addition, the ILEC shall schedule tours of its premises for interested parties and commission staff once an exemption request has been filed with the commission.

3. These tours shall be provided in a timely manner; however, the ILEC may coordinate any tours between the parties in order to minimize any disruption at the premises.

G. 1. Any ILEC which has been granted an exemption to provide physical collocation at any premises shall file a status report yearly from the date the exemption was granted. The report shall identify any changes to the previously provided documentation required in 20VAC5-421-20.

2. An ILEC shall notify the commission of any material changes that will make space available at any exempt premises within 30 days of a determination that the change will occur.

Statutory Authority

§ 12.1-13 of the Code of Virginia.

Historical Notes

Derived from Volume 18, Issue 04, eff. October 17, 2001.

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