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 Virginia Register Volume 18, Issue 4, eff. October 17, 2001.
20VAC5-421-20. Contents of exemption request.
A. A request submitted by an ILEC for an exemption from physical collocation shall specifically identify the premises (including exchange, wire center, CLLI code, brief description, V&H coordinates, and address) where the exemption is requested, the expected duration of the exemption, and the criteria for which the request is being made, i.e., space limitation and/or technical reason.
B. The ILEC shall submit current, clearly labeled floor plans/diagrams of the premises of at least a 1/8"=1' scale which, at a minimum, identifies the following:
1. Equipment that is in use and its function, i.e., mechanical, power, switching, transmission, etc.
2. Equipment that is being phased out, is not in use, or is being stored.
3. Space reserved by the ILEC for future use as of the preparation date of the floor plan/diagram.
a. Within six months (imminent equipment placement).
b. After six months but within two years.
c. After two years.
4. Physical collocation space.
5. Administrative and other nonequipment space.
C. For equipment identified in subdivision B 2 of this section, the ILEC shall provide the expected retirement and removal date or dates.
D. For space reserved in subdivision B 3 of this section, the ILEC shall include the specific use or uses for which it is planned. In addition, for space reserved for more than two years, the ILEC shall specify the timeframes reserved and provide a detailed explanation of why alternative space (i.e., building additions, expected retirements, rearrangements) would not accommodate future space needs.
E. For collocation space identified in subdivision B 4 of this section, the ILEC shall identify the amount of space utilized by each available type of collocation arrangement. In addition, the ILEC shall identify the amount of space utilized and/or reserved by each carrier.
F. The ILEC shall submit a detailed description and analysis of all equipment rearrangements, administrative space relocation, and building expansion plans, including timelines of each project for the premises in which the exemption is requested.
G. The ILEC shall provide a detailed description of efforts or plans to avoid space exhaustion in the premises for which the exemption is requested. Such description should include the proposed timeline of these plans and estimation of the duration of the exemption.
H. To the extent that an ILEC claims that space is unavailable due to security or access constraints, an explanation of efforts the ILEC has undertaken to overcome such constraints shall be submitted.
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 4, eff. October 17, 2001.