Goto Section: 51.307 | 51.311 | Table of Contents
Revised as of October 1, 2008
Goto Year:2007 |
Sec. 51.309 Use of unbundled network elements.
(a) Except as provided in Sec. 51.318, an incumbent LEC shall not impose
limitations, restrictions, or requirements on requests for, or the use of,
unbundled network elements for the service a requesting telecommunications
carrier seeks to offer.
(b) A requesting telecommunications carrier may not access an unbundled
network element for the exclusive provision of mobile wireless services or
(c) A telecommunications carrier purchasing access to an unbundled network
facility is entitled to exclusive use of that facility for a period of time,
or when purchasing access to a feature, function, or capability of a
facility, a telecommunications carrier is entitled to use of that feature,
function, or capability for a period of time. A telecommunications carrier's
purchase of access to an unbundled network element does not relieve the
incumbent LEC of the duty to maintain, repair, or replace the unbundled
(d) A requesting telecommunications carrier that accesses and uses an
unbundled network element consistent with paragraph (b) of this section may
provide any telecommunications services over the same unbundled network
(e) Except as provided in Sec. 51.318, an incumbent LEC shall permit a
requesting telecommunications carrier to commingle an unbundled network
element or a combination of unbundled network elements with wholesale
services obtained from an incumbent LEC.
(f) Upon request, an incumbent LEC shall perform the functions necessary to
commingle an unbundled network element or a combination of unbundled network
elements with one or more facilities or services that a requesting
telecommunications carrier has obtained at wholesale from an incumbent LEC.
(g) An incumbent LEC shall not deny access to an unbundled network element
or a combination of unbundled network elements on the grounds that one or
more of the elements:
(1) Is connected to, attached to, linked to, or combined with, a facility or
service obtained from an incumbent LEC; or
(2) Shares part of the incumbent LEC's network with access services or
inputs for mobile wireless services and/or interexchange services.
[ 61 FR 45619 , Aug. 29, 1996, as amended at 68 FR 52294 , Sept. 2, 2003; 70 FR 8952 , Feb. 24, 2005]
Goto Section: 51.307 | 51.311
Goto Year: 2007 |
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