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U.S. Code as of:
01/19/04
Section 251. Interconnection
(a) General duty of telecommunications carriers
Each telecommunications carrier has the duty -
(1) to interconnect directly or indirectly with the facilities
and equipment of other telecommunications carriers; and
(2) not to install network features, functions, or capabilities
that do not comply with the guidelines and standards established
pursuant to section 255 or 256 of this title.
(b) Obligations of all local exchange carriers
Each local exchange carrier has the following duties:
(1) Resale
The duty not to prohibit, and not to impose unreasonable or
discriminatory conditions or limitations on, the resale of its
telecommunications services.
(2) Number portability
The duty to provide, to the extent technically feasible, number
portability in accordance with requirements prescribed by the
Commission.
(3) Dialing parity
The duty to provide dialing parity to competing providers of
telephone exchange service and telephone toll service, and the
duty to permit all such providers to have nondiscriminatory
access to telephone numbers, operator services, directory
assistance, and directory listing, with no unreasonable dialing
delays.
(4) Access to rights-of-way
The duty to afford access to the poles, ducts, conduits, and
rights-of-way of such carrier to competing providers of
telecommunications services on rates, terms, and conditions that
are consistent with section 224 of this title.
(5) Reciprocal compensation
The duty to establish reciprocal compensation arrangements for
the transport and termination of telecommunications.
(c) Additional obligations of incumbent local exchange carriers
In addition to the duties contained in subsection (b) of this
section, each incumbent local exchange carrier has the following
duties:
(1) Duty to negotiate
The duty to negotiate in good faith in accordance with section
252 of this title the particular terms and conditions of
agreements to fulfill the duties described in paragraphs (1)
through (5) of subsection (b) of this section and this
subsection. The requesting telecommunications carrier also has
the duty to negotiate in good faith the terms and conditions of
such agreements.
(2) Interconnection
The duty to provide, for the facilities and equipment of any
requesting telecommunications carrier, interconnection with the
local exchange carrier's network -
(A) for the transmission and routing of telephone exchange
service and exchange access;
(B) at any technically feasible point within the carrier's
network;
(C) that is at least equal in quality to that provided by the
local exchange carrier to itself or to any subsidiary,
affiliate, or any other party to which the carrier provides
interconnection; and
(D) on rates, terms, and conditions that are just,
reasonable, and nondiscriminatory, in accordance with the terms
and conditions of the agreement and the requirements of this
section and section 252 of this title.
(3) Unbundled access
The duty to provide, to any requesting telecommunications
carrier for the provision of a telecommunications service,
nondiscriminatory access to network elements on an unbundled
basis at any technically feasible point on rates, terms, and
conditions that are just, reasonable, and nondiscriminatory in
accordance with the terms and conditions of the agreement and the
requirements of this section and section 252 of this title. An
incumbent local exchange carrier shall provide such unbundled
network elements in a manner that allows requesting carriers to
combine such elements in order to provide such telecommunications
service.
(4) Resale
The duty -
(A) to offer for resale at wholesale rates any
telecommunications service that the carrier provides at retail
to subscribers who are not telecommunications carriers; and
(B) not to prohibit, and not to impose unreasonable or
discriminatory conditions or limitations on, the resale of such
telecommunications service, except that a State commission may,
consistent with regulations prescribed by the Commission under
this section, prohibit a reseller that obtains at wholesale
rates a telecommunications service that is available at retail
only to a category of subscribers from offering such service to
a different category of subscribers.
(5) Notice of changes
The duty to provide reasonable public notice of changes in the
information necessary for the transmission and routing of
services using that local exchange carrier's facilities or
networks, as well as of any other changes that would affect the
interoperability of those facilities and networks.
(6) Collocation
The duty to provide, on rates, terms, and conditions that are
just, reasonable, and nondiscriminatory, for physical collocation
of equipment necessary for interconnection or access to unbundled
network elements at the premises of the local exchange carrier,
except that the carrier may provide for virtual collocation if
the local exchange carrier demonstrates to the State commission
that physical collocation is not practical for technical reasons
or because of space limitations.
(d) Implementation
(1) In general
Within 6 months after February 8, 1996, the Commission shall
complete all actions necessary to establish regulations to
implement the requirements of this section.
(2) Access standards
In determining what network elements should be made available
for purposes of subsection (c)(3) of this section, the Commission
shall consider, at a minimum, whether -
(A) access to such network elements as are proprietary in
nature is necessary; and
(B) the failure to provide access to such network elements
would impair the ability of the telecommunications carrier
seeking access to provide the services that it seeks to offer.
(3) Preservation of State access regulations
In prescribing and enforcing regulations to implement the
requirements of this section, the Commission shall not preclude
the enforcement of any regulation, order, or policy of a State
commission that -
(A) establishes access and interconnection obligations of
local exchange carriers;
(B) is consistent with the requirements of this section; and
(C) does not substantially prevent implementation of the
requirements of this section and the purposes of this part.
(e) Numbering administration
(1) Commission authority and jurisdiction
The Commission shall create or designate one or more impartial
entities to administer telecommunications numbering and to make
such numbers available on an equitable basis. The Commission
shall have exclusive jurisdiction over those portions of the
North American Numbering Plan that pertain to the United States.
Nothing in this paragraph shall preclude the Commission from
delegating to State commissions or other entities all or any
portion of such jurisdiction.
(2) Costs
The cost of establishing telecommunications numbering
administration arrangements and number portability shall be borne
by all telecommunications carriers on a competitively neutral
basis as determined by the Commission.
(3) Universal emergency telephone number
The Commission and any agency or entity to which the Commission
has delegated authority under this subsection shall designate
9-1-1 as the universal emergency telephone number within the
United States for reporting an emergency to appropriate
authorities and requesting assistance. The designation shall
apply to both wireline and wireless telephone service. In making
the designation, the Commission (and any such agency or entity)
shall provide appropriate transition periods for areas in which
9-1-1 is not in use as an emergency telephone number on October
26, 1999.
(f) Exemptions, suspensions, and modifications
(1) Exemption for certain rural telephone companies
(A) Exemption
Subsection (c) of this section shall not apply to a rural
telephone company until (i) such company has received a bona
fide request for interconnection, services, or network
elements, and (ii) the State commission determines (under
subparagraph (B)) that such request is not unduly economically
burdensome, is technically feasible, and is consistent with
section 254 of this title (other than subsections (b)(7) and
(c)(1)(D) thereof).
(B) State termination of exemption and implementation schedule
The party making a bona fide request of a rural telephone
company for interconnection, services, or network elements
shall submit a notice of its request to the State commission.
The State commission shall conduct an inquiry for the purpose
of determining whether to terminate the exemption under
subparagraph (A). Within 120 days after the State commission
receives notice of the request, the State commission shall
terminate the exemption if the request is not unduly
economically burdensome, is technically feasible, and is
consistent with section 254 of this title (other than
subsections (b)(7) and (c)(1)(D) thereof). Upon termination of
the exemption, a State commission shall establish an
implementation schedule for compliance with the request that is
consistent in time and manner with Commission regulations.
(C) Limitation on exemption
The exemption provided by this paragraph shall not apply with
respect to a request under subsection (c) of this section from
a cable operator providing video programming, and seeking to
provide any telecommunications service, in the area in which
the rural telephone company provides video programming. The
limitation contained in this subparagraph shall not apply to a
rural telephone company that is providing video programming on
February 8, 1996.
(2) Suspensions and modifications for rural carriers
A local exchange carrier with fewer than 2 percent of the
Nation's subscriber lines installed in the aggregate nationwide
may petition a State commission for a suspension or modification
of the application of a requirement or requirements of subsection
(b) or (c) of this section to telephone exchange service
facilities specified in such petition. The State commission shall
grant such petition to the extent that, and for such duration as,
the State commission determines that such suspension or
modification -
(A) is necessary -
(i) to avoid a significant adverse economic impact on users
of telecommunications services generally;
(ii) to avoid imposing a requirement that is unduly
economically burdensome; or
(iii) to avoid imposing a requirement that is technically
infeasible; and
(B) is consistent with the public interest, convenience, and
necessity.
The State commission shall act upon any petition filed under this
paragraph within 180 days after receiving such petition. Pending
such action, the State commission may suspend enforcement of the
requirement or requirements to which the petition applies with
respect to the petitioning carrier or carriers.
(g) Continued enforcement of exchange access and interconnection
requirements
On and after February 8, 1996, each local exchange carrier, to
the extent that it provides wireline services, shall provide
exchange access, information access, and exchange services for such
access to interexchange carriers and information service providers
in accordance with the same equal access and nondiscriminatory
interconnection restrictions and obligations (including receipt of
compensation) that apply to such carrier on the date immediately
preceding February 8, 1996, under any court order, consent decree,
or regulation, order, or policy of the Commission, until such
restrictions and obligations are explicitly superseded by
regulations prescribed by the Commission after February 8, 1996.
During the period beginning on February 8, 1996, and until such
restrictions and obligations are so superseded, such restrictions
and obligations shall be enforceable in the same manner as
regulations of the Commission.
(h) "Incumbent local exchange carrier" defined
(1) Definition
For purposes of this section, the term "incumbent local
exchange carrier" means, with respect to an area, the local
exchange carrier that -
(A) on February 8, 1996, provided telephone exchange service
in such area; and
(B)(i) on February 8, 1996, was deemed to be a member of the
exchange carrier association pursuant to section 69.601(b) of
the Commission's regulations (47 C.F.R. 69.601(b)); or
(ii) is a person or entity that, on or after February 8,
1996, became a successor or assign of a member described in
clause (i).
(2) Treatment of comparable carriers as incumbents
The Commission may, by rule, provide for the treatment of a
local exchange carrier (or class or category thereof) as an
incumbent local exchange carrier for purposes of this section if
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(A) such carrier occupies a position in the market for
telephone exchange service within an area that is comparable to
the position occupied by a carrier described in paragraph (1);
(B) such carrier has substantially replaced an incumbent
local exchange carrier described in paragraph (1); and
(C) such treatment is consistent with the public interest,
convenience, and necessity and the purposes of this section.
(i) Savings provision
Nothing in this section shall be construed to limit or otherwise
affect the Commission's authority under section 201 of this title.
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