FCC Web Documents citing 51.100

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1863A1.txt
  • rules, a carrier may also offer information services so long as it offers telecommunications services through the same arrangement as well. Need: These rules are intended to foster competition in the local exchange and exchange access markets by requiring that all telecommunications carriers interconnect directly or indirectly with other carriers. Legal Basis: 47 U.S.C. 251, 252. Section Number and Title: 51.100 General duty. SUBPART C -- OBLIGATIONS OF ALL LOCAL EXCHANGE CARRIERS Brief Description: These rules implement section 251(b) of the Communications Act of 1934, as amended, and include requirements for all LECs in the areas of dialing parity and nondiscriminatory access to telephone numbers, operator services, directory assistance services and directory listings. The rules also address the authority of states
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-709A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-709A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-709A1.txt
  • in areas previously under-served and lacking choices for consumers.''). For example, under the Commission's existing rules, ``[a] telecommunications carrier that has interconnected or gained access under section[ ] 251(a) . . . of the Act, may offer information services through the same arrangement, so long as it is offering telecommunications services through the same arrangement as well.'' 47 C.F.R. § 51.100(b) (emphasis added). Thus, the fact that a telecommunications carrier is also providing a non-telecommunications service is not dispositive of its rights. See South Carolina Commission RLEC Arbitration Order at 14 (limiting the definition of end user to subscriber of telephone exchange service); Nebraska Commission Arbitration Order at 9, paras. 25-26 (reasoning that the exclusion of exchange access in the Commission's
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-272A1_Erratum.doc
  • at 18. LMDS Second Report and Order, 12 FCC Rcd 12545, 12642-45 ¶ 218-227; 39 GHz Report and Order, 12 FCC Rcd at 18636 ¶ 76. See, e.g., LMDS Second Report and Order, 12 FCC Rcd at 12644 ¶ 223. 47 U.S.C. § 153(44). 47 U.S.C. § 153(46). See NPRM, 14 FCC Rcd at 19274 ¶ 18. 47 C.F.R. § 51.100. 47 C.F.R. §§ 51.201 - 51.223. See 1.947 (b) of the of the Commission's Rules, 47 C.F.R. § 1.947 (b). A change in regulatory status would require Commission prior authorization, however, if the change raised issues concerning the benchmark contained in Section 310(b)(4) of the Act. See infra n. 180. 47 C.F.R. §§ 1.947, 101.305. NPRM, 14 FCC Rcd at
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-36A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-36A1.pdf
  • resolve the ambiguity regarding whether mixed use of UNEs is permissible. However, a reasonable interpretation of the Act, and an examination of its purposes, leads us to the conclusion that, when a UNE can be used to provide multiple services, Congress did not intend to require that UNEs be used exclusively to provide qualifying telecommunications services. We note that section 51.100(b) of the Commission's current rules allows mixed use of UNEs. We reaffirm this rule here. Moreover, the Commission's EELs rules were affirmed by the D.C. Circuit, and those rules permit a variety of services to be provided over this combination of network elements so long as a ``significant amount of local exchange service'' is also provided. Generally, commenters do not
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-290A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-290A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-290A1.txt
  • para. 143 (adopting rules for use of UNEs for non-qualifying services). Although we discard our qualifying services approach, this does not call into question our existing rule that a carrier obtaining access to a UNE for the provision of a telecommunications service for which UNEs are available may use that UNE to provide other services as well. 47 C.F.R. § 51.100(b); 47 C.F.R. § 51.309(b). We do, however, amend our rule to remove references to our vacated ``qualifying services'' test. 47 U.S.C. § 251(c)(3) (emphasis added). Id. at § 251(d)(2)(B) (emphasis added). Triennial Review Order, 18 FCC Rcd at 17068, para. 138; Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, CC Docket No. 96-98, Supplemental Order Clarification,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-113A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-113A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-113A1.txt
  • broadband capacity and deliver business-grade Ethernet solutions while avoiding the millions of dollars in up-front capital costs that new fiber deployments may require.'' Id. Cavalier Wainwright Decl. at paras. 10, 12; Cavalier May 7, 2010 Ex Parte Letter at 1; supra note 297. See 47 U.S.C. § 160(a)(3). 47 U.S.C. § 160(b). 47 U.S.C. § 160(b). See 47 C.F.R. §§ 51.100(b), 51.309(b); see also Triennial Review Remand Order, 20 FCC Rcd 2533, 2550, para. 29 n.83 (``Although we discard our qualifying services approach, this does not call into question our existing rule that a carrier obtaining access to a UNE for the provision of a telecommunications service for which UNEs are available may use that UNE to provide other services as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-83A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-83A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-83A1.txt
  • chosen to retain a significant role for the state commissions, the scope of that role is measured by federal, not state law.''). See 47 C.F.R. § 1.2 (``The Commission may . . . on motion or its own motion issue a declaratory ruling terminating a controversy or removing uncertainty.''). See 47 U.S.C. §§ 251(a)(1), (b); see also 47 C.F.R. §§ 51.100, 51.305. We note, of course, that carriers might obtain relief from the section 251(b) obligations in some instances pursuant to section 251(f)(2). would compel us to assume too much and ignore altogether the express language of the statute.''). 47 U.S.C. § 251(a)(1). See 47 U.S.C. § 251(b). See 47 U.S.C. § 251(f)(1) (``Subsection (c) of this section shall not apply
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-325A1.pdf
  • applicable provisions of part 51 of this chapter. 13. Part 51 of Title 47 of the Code of Federal Regulations (C.F.R.) is added to read as follows: PART 51 -- INTERCONNECTION Subpart A - General information Sec. 51.1 Basis and purpose. Federal Communications Commission 96-325 B-6 51.3 Applicability to negotiated agreements. 51.5 Terms and definitions. Subpart B - Telecommunications carriers 51.100 General duty. Subpart C - Obligations of all local exchange carriers 51.201 Resale. 51.203 Number portability. 51.219 Access to rights of way. 51.221 Reciprocal compensation. 51.223 Application of additional requirements. Subpart D - Additional obligations of incumbent local exchange carriers 51.301 Duty to negotiate. 51.303 Preexisting agreements. 51.305 Interconnection. 51.307 Duty to provide access on an unbundled basis to network
• http://wireless.fcc.gov/auctions/17/releases/fc970082.pdf http://wireless.fcc.gov/auctions/17/releases/fc970082.txt http://wireless.fcc.gov/auctions/17/releases/fc970082.wp
  • to its services and set out in our rules. 212. The 1996 Act established certain general duties pursuant to which telecommunications carriers must interconnect with other telecommunications carriers. It also established certain requirements under which LECs must provide interconnection to all telecom- Federal Communications Commission FCC 97-82 Id. at para. 993. 329 Id. at Appendix B (adopting 47 CFR § 51.100, Subpart C). 330 An MVPD is defined in Section 602(13) of the Communications Act to mean a person such as, but not limited 331 to, a cable operator, a multichannel multipoint distribution service, . . . . who makes available for purchase, by subscribers or customers, multiple channels of video programming.'' 47 U.S.C. § 602(13). 1996 Cable Competition Report, at
• http://wireless.fcc.gov/auctions/17/releases/lmdsbp_e.pdf
  • directly to the public, or to such classes of users as to be effectively available Federal Communications Commission FCC 97-82 47 U.S.C. § 153(46). 326 47 U.S.C. § 153(43). 327 Local Competition First Report and Order, at para. 992 and Appendix B (adopting new Rule 51.5). 328 Id. at para. 993. 329 Id. at Appendix B (adopting 47 CFR § 51.100, Subpart C). 330 An MVPD is defined in Section 602(13) of the Communications Act to mean a person such as, but not limited 331 to, a cable operator, a multichannel multipoint distribution service, . . . . who makes available for purchase, by subscribers or customers, multiple channels of video programming.'' 47 U.S.C. § 602(13). directly to the public, regardless
• http://wireless.fcc.gov/auctions/56/releases/fc000272.doc http://wireless.fcc.gov/auctions/56/releases/fc000272.pdf http://wireless.fcc.gov/auctions/56/releases/fc000272.txt
  • at 18. LMDS Second Report and Order, 12 FCC Rcd 12545, 12642-45 ¶ 218-227; 39 GHz Report and Order, 12 FCC Rcd at 18636 ¶ 76. See, e.g., LMDS Second Report and Order, 12 FCC Rcd at 12644 ¶ 223. 47 U.S.C. § 153(44). 47 U.S.C. § 153(46). See NPRM, 14 FCC Rcd at 19274 ¶ 18. 47 C.F.R. § 51.100. 47 C.F.R. §§ 51.201 - 51.223. See 1.947 (b) of the of the Commission's Rules, 47 C.F.R. § 1.947 (b). A change in regulatory status would require Commission prior authorization, however, if the change raised issues concerning the benchmark contained in Section 310(b)(4) of the Act. See infra n. 180. 47 C.F.R. §§ 1.947, 101.305. NPRM, 14 FCC Rcd at
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/fcc96325.pdf
  • applicable provisions of part 51 of this chapter. 13. Part 51 of Title 47 of the Code of Federal Regulations (C.F.R.) is added to read as follows: PART 51 -- INTERCONNECTION Subpart A - General information Sec. 51.1 Basis and purpose. Federal Communications Commission 96-325 B-6 51.3 Applicability to negotiated agreements. 51.5 Terms and definitions. Subpart B - Telecommunications carriers 51.100 General duty. Subpart C - Obligations of all local exchange carriers 51.201 Resale. 51.203 Number portability. 51.219 Access to rights of way. 51.221 Reciprocal compensation. 51.223 Application of additional requirements. Subpart D - Additional obligations of incumbent local exchange carriers 51.301 Duty to negotiate. 51.303 Preexisting agreements. 51.305 Interconnection. 51.307 Duty to provide access on an unbundled basis to network
• http://www.fcc.gov/Bureaus/Engineering_Technology/Orders/2000/fcc00363.doc
  • indicate a choice of non-common carrier regulatory status. See 47 U.S.C. § 153(44). See 47 U.S.C. § 153(46). See Amendments to Parts 1, 2 and 101 of the Commission's Rules To License Fixed Services at 24 GHz, WT Docket 99-327, Report and Order, FCC 00-272, ¶ 27, (rel. Aug. 1, 2000) ("24 GHz Report and Order"). See 47 C.F.R. § 51.100. See 47 C.F.R. §§ 51.201 - 51.223. See Part 27 Report and Order, 12 FCC Rcd at 10848 (¶ 121). , infra. See 47 C.F.R. § 27.66, as codified by 700 MHz First Report and Order. See 47 C.F.R. §§ 1.947 and 101.305. See 4.9 GHz Notice, 15 FCC Rcd 4793 (¶ 33) See 47 U.S.C. § 303(y)(2). See BBA,
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00272.doc
  • at 18. LMDS Second Report and Order, 12 FCC Rcd 12545, 12642-45 ¶ 218-227; 39 GHz Report and Order, 12 FCC Rcd at 18636 ¶ 76. See, e.g., LMDS Second Report and Order, 12 FCC Rcd at 12644 ¶ 223. 47 U.S.C. § 153(44). 47 U.S.C. § 153(46). See NPRM, 14 FCC Rcd at 19274 ¶ 18. 47 C.F.R. § 51.100. 47 C.F.R. §§ 51.201 - 51.223. See 1.947 (b) of the of the Commission's Rules, 47 C.F.R. § 1.947 (b). A change in regulatory status would require Commission prior authorization, however, if the change raised issues concerning the benchmark contained in Section 310(b)(4) of the Act. See infra n. 180. 47 C.F.R. §§ 1.947, 101.305. NPRM, 14 FCC Rcd at