Goto Section: 51.611 | 51.615 | Table of Contents
Revised as of October 1, 2008
Goto Year:2007 |
Sec. 51.613 Restrictions on resale.
(a) Notwithstanding Sec. 51.605(b), the following types of restrictions on
resale may be imposed:
(1) Cross-class selling. A state commission may permit an incumbent LEC to
prohibit a requesting telecommunications carrier that purchases at wholesale
rates for resale, telecommunications services that the incumbent LEC makes
available only to residential customers or to a limited class of residential
customers, from offering such services to classes of customers that are not
eligible to subscribe to such services from the incumbent LEC.
(2) Short term promotions. An incumbent LEC shall apply the wholesale
discount to the ordinary rate for a retail service rather than a special
promotional rate only if:
(i) Such promotions involve rates that will be in effect for no more than 90
(ii) The incumbent LEC does not use such promotional offerings to evade the
wholesale rate obligation, for example by making available a sequential
series of 90-day promotional rates.
(b) With respect to any restrictions on resale not permitted under paragraph
(a), an incumbent LEC may impose a restriction only if it proves to the
state commission that the restriction is reasonable and nondiscriminatory.
(c) Branding. Where operator, call completion, or directory assistance
service is part of the service or service package an incumbent LEC offers
for resale, failure by an incumbent LEC to comply with reseller unbranding
or rebranding requests shall constitute a restriction on resale.
(1) An incumbent LEC may impose such a restriction only if it proves to the
state commission that the restriction is reasonable and nondiscriminatory,
such as by proving to a state commission that the incumbent LEC lacks the
capability to comply with unbranding or rebranding requests.
(2) For purposes of this subpart, unbranding or rebranding shall mean that
operator, call completion, or directory assistance services are offered in
such a manner that an incumbent LEC's brand name or other identifying
information is not identified to subscribers, or that such services are
offered in such a manner that identifies to subscribers the requesting
carrier's brand name or other identifying information.
Goto Section: 51.611 | 51.615
Goto Year: 2007 |
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