Issue 6: Eligibility and Certification Requirements
This issue involves the eligibility and certification requirements that should apply for access to high-capacity Enhanced Extended Loops (EELs)3 pursuant to FCC rules.
XO proposes using the Illinois Amendment for this language. (Sections 3.14.3.1 through 3.14.3.7.) In its reply brief, SBC does not oppose this language as a starting point, but asks that certain language be added to properly implement federal law. Generally, SBC proposes additional language that includes EEL eligibility criteria directly from the FCC's Rule 318. XO opposes SBC's proposals, contending SBC has inserted new terminology defining "end user" customers and trunk locations that are not found in the FCC's rule.
I find that SBC's proposed additions to XO's language are reasonable and should be included in the amended agreement. SBC's additions either track the FCC rule 318 language verbatim, or include references to "end user" customers and trunk locations that are discussed in the TRO at paragraphs 595 and 607. Therefore, the agreement should incorporate SBC's modifications to Sections 3.14.3.3.5, 3.14.3.3, and 3.14.3.7 as contained in SBC's reply brief.
3 An "EEL" consists of a combination of an unbundled local loop and unbundled dedicated transport.
