§ 51.613   Restrictions on resale.

   (a) Notwithstanding § 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 days; and

   (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.

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