Goto Section: 51.215 | 51.219 | Table of Contents
Revised as of October 1, 2008
Goto Year:2007 |
Sec. 51.217 Nondiscriminatory access: Telephone numbers, operator services,
directory assistance services, and directory listings.
(a) Definitions. As used in this section, the following definitions apply:
(1) Competing provider. A “competing provider” is a provider of telephone
exchange or telephone toll services that seeks nondiscriminatory access from
a local exchange carrier (LEC) in that LEC's service area.
(2) Nondiscriminatory access. “Nondiscriminatory access” refers to access to
telephone numbers, operator services, directory assistance and directory
listings that is at least equal to the access that the providing local
exchange carrier (LEC) itself receives. Nondiscriminatory access includes,
but is not limited to:
(i) Nondiscrimination between and among carriers in the rates, terms, and
conditions of the access provided; and
(ii) The ability of the competing provider to obtain access that is at least
equal in quality to that of the providing LEC.
(3) Providing local exchange carrier (LEC). A “providing local exchange
carrier” is a local exchange carrier (LEC) that is required to permit
nondiscriminatory access to a competing provider.
(b) General rule. A local exchange carrier (LEC) that provides operator
services, directory assistance services or directory listings to its
customers, or provides telephone numbers, shall permit competing providers
of telephone exchange service or telephone toll service to have
nondiscriminatory access to that service or feature, with no unreasonable
(c) Specific requirements. A LEC subject to paragraph (b) of this section
must also comply with the following requirements:
(1) Telephone numbers. A LEC shall permit competing providers to have access
to telephone numbers that is identical to the access that the LEC provides
(2) Operator services. A LEC must permit telephone service customers to
connect to the operator services offered by that customer's chosen local
service provider by dialing “0,” or “0” plus the desired telephone number,
regardless of the identity of the customer's local telephone service
(3) Directory assistance services and directory listings —(i) Access to
directory assistance. A LEC shall permit competing providers to have access
to its directory assistance services, including directory assistance
databases, so that any customer of a competing provider can obtain directory
listings, except as provided in paragraph (c)(3)(iv) of this section, on a
nondiscriminatory basis, notwithstanding the identity of the customer's
local service provider, or the identity of the provider for the customer
whose listing is requested. A LEC must supply access to directory assistance
in the manner specified by the competing provider, including transfer of the
LECs' directory assistance databases in readily accessible magnetic tape,
electronic or other convenient format, as provided in paragraph (c)(3)(iii)
of this section. Updates to the directory assistance database shall be made
in the same format as the initial transfer (unless the requesting LEC
requests otherwise), and shall be performed in a timely manner, taking no
longer than those made to the providing LEC's own database. A LEC shall
accept the listings of those customers served by competing providers for
inclusion in its directory assistance/operator services databases.
(ii) Access to directory listings. A LEC that compiles directory listings
shall share directory listings with competing providers in the manner
specified by the competing provider, including readily accessible tape or
electronic formats, as provided in paragraph (c)(3)(iii) of this section.
Such data shall be provided in a timely fashion.
(iii) Format. A LEC shall provide access to its directory assistance
services, including directory assistance databases, and to its directory
listings in any format the competing provider specifies, if the LEC's
internal systems can accommodate that format.
(A) If a LEC's internal systems do not permit it provide directory
assistance or directory listings in the format the specified by the
competing provider, the LEC shall:
( 1 ) Within thirty days of receiving the request, inform the competing
provider that the requested format cannot be accommodated and tell the
requesting provider which formats can be accommodated; and
( 2 ) Provide the requested directory assistance or directory listings in
the format the competing provider chooses from among the available formats.
(iv) Unlisted numbers. A LEC shall not provide access to unlisted telephone
numbers, or other information that its customer has asked the LEC not to
make available, with the exception of customer name and address. The LEC
shall ensure that access is permitted to the same directory information,
including customer name and address, that is available to its own directory
(v) Adjuncts to services. Operator services and directory assistance
services must be made available to competing providers in their entirety,
including access to any adjunct features (e.g., rating tables or customer
information databases) necessary to allow competing providers full use of
(d) Branding of operator services and directory assistance services. The
refusal of a providing local exchange carrier (LEC) to comply with the
reasonable request of a competing provider that the providing LEC rebrand
its operator services and directory assistance, or remove its brand from
such services, creates a presumption that the providing LEC is unlawfully
restricting access to its operator services and directory assistance. The
providing LEC can rebut this presumption by demonstrating that it lacks the
capability to comply with the competing provider's request.
(e) Disputes —(1) Disputes involving nondiscriminatory access. In disputes
involving nondiscriminatory access to operator services, directory
assistance services, or directory listings, a providing LEC shall bear the
burden of demonstrating with specificity:
(i) That it is permitting nondiscriminatory access, and
(ii) That any disparity in access is not caused by factors within its
control. “Factors within its control” include, but are not limited to,
physical facilities, staffing, the ordering of supplies or equipment, and
(2) Disputes involving unreasonable dialing delay. In disputes between
providing local exchange carriers (LECs) and competing providers involving
unreasonable dialing delay in the provision of access to operator services
and directory assistance, the burden of proof is on the providing LEC to
demonstrate with specificity that it is processing the calls of the
competing provider's customers on terms equal to that of similar calls from
the providing LEC's own customers.
[ 61 FR 47350 , Sept. 6, 1996, as amended at 64 FR 51911 , Sept. 27, 1999]
Effective Date Note: At 64 FR 51911 , Sept. 27, 1999, Sec. 51.217 was amended
by revising paragraph (c)(3). This paragraph contains information collection
and recordkeeping requirements and will not become effective until approval
has been given by the Office of Management and Budget.
Goto Section: 51.215 | 51.219
Goto Year: 2007 |
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