§  51.809   Availability of agreements to other telecommunications carriers
under section 252(i) of the Act.

   (a) An incumbent LEC shall make available without unreasonable delay to
   any requesting telecommunications carrier any agreement in its entirety
   to which the incumbent LEC is a party that is approved by a state
   commission pursuant to section 252 of the Act, upon the same rates,
   terms, and conditions as those provided in the agreement. An incumbent
   LEC may not limit the availability of any agreement only to those
   requesting carriers serving a comparable class of subscribers or
   providing the same service ( i.e. , local, access, or interexchange) as
   the original party to the agreement.

   (b) The obligations of paragraph (a) of this section shall not apply
   where the incumbent LEC proves to the state commission that:

   (1) The costs of providing a particular agreement to the requesting
   telecommunications carrier are greater than the costs of providing it
   to the telecommunications carrier that originally negotiated the
   agreement, or

   (2) The provision of a particular agreement to the requesting carrier
   is not technically feasible.

   (c) Individual agreements shall remain available for use by
   telecommunications carriers pursuant to this section for a reasonable
   period of time after the approved agreement is available for public
   inspection under section 252(h) of the Act.

   [ 69 FR 43771 , July 22, 2004]
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