2.2.1 Network Architecture
The FAR finds that the line sharing UNE occurs on the copper, but not the fiber optic, portion of the local loop. ILECs are not required to own and provision splitters.8 ILECs are not allowed to include penalty provisions for CLCs' failing to meet demand forecasts for splitters. ILECs must provision ILEC-owned splitters a line-at-a-time. Line sharing is not required as part of a UNE-platform (UNE-P).9
Line sharing over fiber, and as part of a UNE-P, are under further consideration by the FCC. The FAR requires that ILECs modify line sharing appendices and amendments without delay to comply with any FCC order on these subjects.
8 A splitter is used to separate the low and high frequency portions of the loop. 9 UNE-P is unbundled network element platform. A network element is "a facility or equipment used in the provision of a telecommunications service. Such term also includes, but is not limited to, features, functions, and capabilities that are provided by means of such facility or equipment, including but not limited to, subscriber numbers, databases, signaling systems, and information sufficient for billing and collection or used in the transmission, routing, or other provision of a telecommunications service." (47 C.F.R. 51.5.) ILECs must provide CLCs "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 the terms and conditions of any agreement, the requirements of sections 251 and 252 of the Act, and the Commission's [FCC's] rules." (47 C.F.R. 51.307.) A platform "refers to combinations of loop, switching and transport unbundled network elements used to provide circuit-switched voice service." (FCC Line Sharing Order, ¶ 72, footnote 161.)
