Sec.  51.315   Combination of unbundled network elements.

   (a) An incumbent LEC shall provide unbundled network elements in a manner
   that allows requesting telecommunications carriers to combine such network
   elements in order to provide a telecommunications service.

   (b) Except upon request, an incumbent LEC shall not separate requested
   network elements that the incumbent LEC currently combines.

   (c) Upon request, an incumbent LEC shall perform the functions necessary to
   combine unbundled network elements in any manner, even if those elements are
   not ordinarily combined in the incumbent LEC's network, provided that such
   combination:

   (1) Is technically feasible; and

   (2) Would not undermine the ability of other carriers to obtain access to
   unbundled network elements or to interconnect with the incumbent LEC's
   network.

   (d) Upon request, an incumbent LEC shall perform the functions necessary to
   combine unbundled network elements with elements possessed by the requesting
   telecommunications carrier in any technically feasible manner.

   (e) An incumbent LEC that denies a request to combine elements pursuant to
   paragraph (c)(1) or paragraph (d) of this section must prove to the state
   commission that the requested combination is not technically feasible.

   (f) An incumbent LEC that denies a request to combine unbundled network
   elements pursuant to paragraph (c)(2) of this section must demonstrate to
   the state commission that the requested combination would undermine the
   ability of other carriers to obtain access to unbundled network elements or
   to interconnect with the incumbent LEC's network.

   [ 61 FR 45619 , Aug. 29, 1996, as amended at  68 FR 52294 , Sept. 2, 2003]