§ 51.230Presumption of acceptability for deployment of an advanced services loop technology.
(a) An advanced services loop technology is presumed acceptable for deployment under any one of the following circumstances, where the technology:
(1) Complies with existing industry standards; or
(2) Is approved by an industry standards body, the Commission, or any state commission; or
(3) Has been successfully deployed by any carrier without significantly degrading the performance of other services.
(b) An incumbent LEC may not deny a carrier's request to deploy a technology that is presumed acceptable for deployment unless the incumbent LEC demonstrates to the relevant state commission that deployment of the particular technology will significantly degrade the performance of other advanced services or traditional voiceband services.
(c) Where a carrier seeks to establish that deployment of a technology falls within the presumption of acceptability under paragraph (a)(3) of this section, the burden is on the requesting carrier to demonstrate to the state commission that its proposed deployment meets the threshold for a presumption of acceptability and will not, in fact, significantly degrade the performance of other advanced services or traditional voice band services. Upon a successful demonstration by the requesting carrier before a particular state commission, the deployed technology shall be presumed acceptable for deployment in other areas.