Sec.  51.605   Additional obligations of incumbent local exchange carriers.

   (a) An incumbent LEC shall offer to any requesting telecommunications
   carrier any telecommunications service that the incumbent LEC offers on a
   retail basis to subscribers that are not telecommunications carriers for
   resale at wholesale rates that are, at the election of the state
   commission—

   (1) Consistent with the avoided cost methodology described in  Sec.  Sec. 51.607 and
   51.609; or

   (2) Interim wholesale rates, pursuant to  Sec. 51.611.

   (b) For purposes of this subpart, exchange access services, as defined in
   section 3 of the Act, shall not be considered to be telecommunications
   services that incumbent LECs must make available for resale at wholesale
   rates to requesting telecommunications carriers.

   (c) For purposes of this subpart, advanced telecommunications services sold
   to Internet Service Providers as an input component to the Internet Service
   Providers' retail Internet service offering shall not be considered to be
   telecommunications services offered on a retail basis that incumbent LECs
   must make available for resale at wholesale rates to requesting
   telecommunications carriers.

   (d) Notwithstanding paragraph (b) of this section, advanced
   telecommunications services that are classified as exchange access services
   are subject to the obligations of paragraph (a) of this section if such
   services are sold on a retail basis to residential and business end-users
   that are not telecommunications carriers.

   (e) Except as provided in  Sec. 51.613, an incumbent LEC shall not impose
   restrictions on the resale by a requesting carrier of telecommunications
   services offered by the incumbent LEC.

   [ 61 FR 45619 , Aug. 29, 1996, as amended at  65 FR 6915 , Feb. 11, 2000]