(a) Scope. This paragraph governs requests for pricing flexibility with respect to the following services:

(1) Common line services, as described in §§69.152, 69.153, and 69.154.

(2) Services in the traffic-sensitive basket, as described in §61.42(d)(2) of this chapter.

(3) The traffic-sensitive components of tandem-switched transport services, as described in §§69.111(a)(2)(i) and (ii).

(b) Phase I triggers.

(1) To obtain Phase I pricing flexibility, as specified in §69.727(a), for the services identified in paragraph (a) of this section, a price cap LEC must provide convincing evidence that, in the relevant area as described in §69.707, its unaffiliated competitors, in aggregate, offer service to at least 15 percent of the price cap LEC's customer locations.

(2) For purposes of the showing required by paragraph (b)(1) of this section, the price cap LEC may not rely on service the competitors provide solely by reselling the price cap LEC's services, or provide through unbundled network elements as defined in §51.5 of this chapter, except that the price cap LEC may rely on service the competitors provide through the use of the price cap LEC's unbundled loops.

(c) [Reserved]