Goto Section: 51.403 | 51.501 | Table of Contents
FCC 51.405
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 51.405 Burden of proof.
(a) Upon receipt of a bona fide request for interconnection, services,
or access to unbundled network elements, a rural telephone company must
prove to the state commission that the rural telephone company should
be entitled, pursuant to section 251(f)(1) of the Act, to continued
exemption from the requirements of section 251(c) of the Act.
(b) A LEC with fewer than two percent of the nation's subscriber lines
installed in the aggregate nationwide must prove to the state
commission, pursuant to section 251(f)(2) of the Act, that it is
entitled to a suspension or modification of the application of a
requirement or requirements of section 251(b) or 251(c) of the Act.
(c) In order to justify continued exemption under section 251(f)(1) of
the Act once a bona fide request has been made, an incumbent LEC must
offer evidence that the application of the requirements of section
251(c) of the Act would be likely to cause undue economic burden beyond
the economic burden that is typically associated with efficient
competitive entry.
(d) In order to justify a suspension or modification under section
251(f)(2) of the Act, a LEC must offer evidence that the application of
section 251(b) or section 251(c) of the Act would be likely to cause
undue economic burden beyond the economic burden that is typically
associated with efficient competitive entry.
Subpart F--Pricing of Elements
Goto Section: 51.403 | 51.501
Goto Year: 2010 |
2012
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