§ 251 TITLE 47— Page 84

‘‘(1) a description of the technologies and methods and toll service, and the duty to identified by the study and the results of the analysis permit all such providers to have nondiscrim- of each such technology and method; inatory access to telephone numbers, operator ‘‘(2) the conclusions and recommendations of the services, directory assistance, and directory Commission regarding each such technology or meth- od; listing, with no unreasonable dialing delays. ‘‘(3) recommendations for legislative or administra- (4) Access to rights-of-way tive actions to implement the conclusions of the The duty to afford access to the poles, ducts, committee; and conduits, and rights-of-way of such carrier to ‘‘(4) a description of the technologies or methods identified by the study that may meet the require- competing providers of telecommunications ments for use as affirmative defenses for purposes of services on rates, terms, and conditions that section 231(c) of the Communications Act of 1934 [47 are consistent with section 224 of this title. U.S.C. 231(c)] (as added by this title). (5) Reciprocal compensation ‘‘(g) RULES OF THE COMMISSION.— The duty to establish reciprocal compensa- ‘‘(1) QUORUM.—Nine members of the Commission shall constitute a quorum for conducting the business tion arrangements for the transport and ter- of the Commission. mination of telecommunications. ‘‘(2) MEETINGS.—Any meetings held by the Commis- (c) Additional obligations of incumbent local ex- sion shall be duly noticed at least 14 days in advance change carriers and shall be open to the public. ‘‘(3) OPPORTUNITIES TO TESTIFY.—The Commission In addition to the duties contained in sub- shall provide opportunities for representatives of the section (b) of this section, each incumbent local general public to testify. exchange carrier has the following duties: ‘‘(4) ADDITIONAL RULES.—The Commission may (1) Duty to negotiate adopt other rules as necessary to carry out this sec- tion. The duty to negotiate in good faith in ac- ‘‘(h) GIFTS, BEQUESTS, AND DEVISES.—The Commis- cordance with section 252 of this title the par- sion may accept, use, and dispose of gifts, bequests, or ticular terms and conditions of agreements to devises of services or property, both real (including the fulfill the duties described in paragraphs (1) use of office space) and personal, for the purpose of aid- through (5) of subsection (b) of this section ing or facilitating the work of the Commission. Gifts or and this subsection. The requesting tele- grants not used at the termination of the Commission communications carrier also has the duty to shall be returned to the donor or grantee. negotiate in good faith the terms and condi- ‘‘(l)[i] TERMINATION.—The Commission shall termi- nate 30 days after the submission of the report under tions of such agreements. subsection (d) or November 30, 2000, whichever occurs (2) Interconnection earlier. The duty to provide, for the facilities and ‘‘(m)[j] INAPPLICABILITY OF FEDERAL ADVISORY COM- equipment of any requesting telecommunica- MITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.’’ tions carrier, interconnection with the local exchange carrier’s network— PART II—DEVELOPMENT OF COMPETITIVE (A) for the transmission and routing of MARKETS service and exchange ac- cess; § 251. Interconnection (B) at any technically feasible point with- in the carrier’s network; (a) General duty of telecommunications carriers (C) that is at least equal in quality to that Each telecommunications carrier has the provided by the local exchange carrier to it- duty— self or to any subsidiary, affiliate, or any (1) to interconnect directly or indirectly other party to which the carrier provides with the facilities and equipment of other interconnection; and telecommunications carriers; and (D) on rates, terms, and conditions that (2) not to install network features, func- are just, reasonable, and nondiscriminatory, tions, or capabilities that do not comply with in accordance with the terms and conditions the guidelines and standards established pur- of the agreement and the requirements of suant to section 255 or 256 of this title. this section and section 252 of this title. (b) Obligations of all local exchange carriers (3) Unbundled access Each local exchange carrier has the following The duty to provide, to any requesting tele- duties: communications carrier for the provision of a telecommunications service, nondiscrim- (1) Resale inatory access to network elements on an un- The duty not to prohibit, and not to impose bundled basis at any technically feasible point unreasonable or discriminatory conditions or on rates, terms, and conditions that are just, limitations on, the resale of its telecommuni- reasonable, and nondiscriminatory in accord- cations services. ance with the terms and conditions of the (2) Number portability agreement and the requirements of this sec- tion and section 252 of this title. An incum- The duty to provide, to the extent tech- bent local exchange carrier shall provide such nically feasible, number portability in accord- unbundled network elements in a manner that ance with requirements prescribed by the allows requesting carriers to combine such Commission. elements in order to provide such tele- (3) Dialing parity communications service. The duty to provide dialing parity to com- (4) Resale peting providers of telephone exchange service The duty— Page 85 TITLE 47—TELECOMMUNICATIONS § 251

(A) to offer for resale at wholesale rates (e) Numbering administration any telecommunications service that the (1) Commission authority and jurisdiction carrier provides at retail to subscribers who are not telecommunications carriers; and The Commission shall create or designate (B) not to prohibit, and not to impose un- one or more impartial entities to administer reasonable or discriminatory conditions or telecommunications numbering and to make limitations on, the resale of such tele- such numbers available on an equitable basis. communications service, except that a State The Commission shall have exclusive jurisdic- commission may, consistent with regula- tion over those portions of the North Amer- tions prescribed by the Commission under ican Numbering Plan that pertain to the this section, prohibit a reseller that obtains . Nothing in this paragraph shall at wholesale rates a telecommunications preclude the Commission from delegating to service that is available at retail only to a State commissions or other entities all or any category of subscribers from offering such portion of such jurisdiction. service to a different category of subscrib- (2) Costs ers. The cost of establishing telecommunications (5) Notice of changes numbering administration arrangements and The duty to provide reasonable public notice number portability shall be borne by all tele- of changes in the information necessary for communications carriers on a competitively the transmission and routing of services using neutral basis as determined by the Commis- that local exchange carrier’s facilities or net- sion. works, as well as of any other changes that (3) Universal emergency telephone number would affect the interoperability of those fa- The Commission and any agency or entity to cilities and networks. which the Commission has delegated author- (6) Collocation ity under this subsection shall designate 9–1–1 as the universal emergency telephone number The duty to provide, on rates, terms, and within the United States for reporting an conditions that are just, reasonable, and non- emergency to appropriate authorities and re- discriminatory, for physical collocation of questing assistance. The designation shall equipment necessary for interconnection or apply to both wireline and telephone access to unbundled network elements at the service. In making the designation, the Com- premises of the local exchange carrier, except mission (and any such agency or entity) shall that the carrier may provide for virtual col- provide appropriate transition periods for location if the local exchange carrier dem- areas in which 9–1–1 is not in use as an emer- onstrates to the State commission that phys- gency telephone number on October 26, 1999. ical collocation is not practical for technical reasons or because of space limitations. (f) Exemptions, suspensions, and modifications (d) Implementation (1) Exemption for certain rural telephone com- panies (1) In general (A) Exemption Within 6 months after February 8, 1996, the Commission shall complete all actions nec- Subsection (c) of this section shall not essary to establish regulations to implement apply to a rural telephone company until (i) the requirements of this section. such company has received a bona fide re- quest for interconnection, services, or net- (2) Access standards work elements, and (ii) the State commis- In determining what network elements sion determines (under subparagraph (B)) should be made available for purposes of sub- that such request is not unduly economi- section (c)(3) of this section, the Commission cally burdensome, is technically feasible, shall consider, at a minimum, whether— and is consistent with section 254 of this (A) access to such network elements as are title (other than subsections (b)(7) and proprietary in nature is necessary; and (c)(1)(D) thereof). (B) the failure to provide access to such (B) State termination of exemption and im- network elements would impair the ability plementation schedule of the telecommunications carrier seeking access to provide the services that it seeks The party making a bona fide request of a to offer. rural telephone company for interconnec- tion, services, or network elements shall (3) Preservation of State access regulations submit a notice of its request to the State In prescribing and enforcing regulations to commission. The State commission shall implement the requirements of this section, conduct an inquiry for the purpose of deter- the Commission shall not preclude the en- mining whether to terminate the exemption forcement of any regulation, order, or policy under subparagraph (A). Within 120 days of a State commission that— after the State commission receives notice (A) establishes access and interconnection of the request, the State commission shall obligations of local exchange carriers; terminate the exemption if the request is (B) is consistent with the requirements of not unduly economically burdensome, is this section; and technically feasible, and is consistent with (C) does not substantially prevent imple- section 254 of this title (other than sub- mentation of the requirements of this sec- sections (b)(7) and (c)(1)(D) thereof). Upon tion and the purposes of this part. termination of the exemption, a State com- § 252 TITLE 47—TELECOMMUNICATIONS Page 86

mission shall establish an implementation (h) ‘‘Incumbent local exchange carrier’’ defined schedule for compliance with the request (1) Definition that is consistent in time and manner with For purposes of this section, the term ‘‘in- Commission regulations. cumbent local exchange carrier’’ means, with (C) Limitation on exemption respect to an area, the local exchange carrier The exemption provided by this paragraph that— shall not apply with respect to a request (A) on February 8, 1996, provided telephone under subsection (c) of this section from a exchange service in such area; and cable operator providing video program- (B)(i) on February 8, 1996, was deemed to ming, and seeking to provide any tele- be a member of the exchange carrier associa- communications service, in the area in tion pursuant to section 69.601(b) of the Com- which the rural telephone company provides mission’s regulations (47 C.F.R. 69.601(b)); or video programming. The limitation con- (ii) is a person or entity that, on or after tained in this subparagraph shall not apply February 8, 1996, became a successor or as- to a rural telephone company that is provid- sign of a member described in clause (i). ing video programming on February 8, 1996. (2) Treatment of comparable carriers as incum- (2) Suspensions and modifications for rural bents carriers The Commission may, by rule, provide for A local exchange carrier with fewer than 2 the treatment of a local exchange carrier (or percent of the Nation’s subscriber lines in- class or category thereof) as an incumbent stalled in the aggregate nationwide may peti- local exchange carrier for purposes of this sec- tion a State commission for a suspension or tion if— modification of the application of a require- (A) such carrier occupies a position in the ment or requirements of subsection (b) or (c) market for telephone exchange service with- of this section to telephone exchange service in an area that is comparable to the position facilities specified in such petition. The State occupied by a carrier described in paragraph commission shall grant such petition to the (1); extent that, and for such duration as, the (B) such carrier has substantially replaced State commission determines that such sus- an incumbent local exchange carrier de- pension or modification— scribed in paragraph (1); and (A) is necessary— (C) such treatment is consistent with the (i) to avoid a significant adverse eco- public interest, convenience, and necessity nomic impact on users of telecommunica- and the purposes of this section. tions services generally; (ii) to avoid imposing a requirement that (i) Savings provision is unduly economically burdensome; or Nothing in this section shall be construed to (iii) to avoid imposing a requirement limit or otherwise affect the Commission’s au- that is technically infeasible; and thority under section 201 of this title. (B) is consistent with the public interest, (June 19, 1934, ch. 652, title II, § 251, as added convenience, and necessity. Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 The State commission shall act upon any peti- Stat. 61; amended Pub. L. 106–81, § 3(a), Oct. 26, tion filed under this paragraph within 180 days 1999, 113 Stat. 1287.) after receiving such petition. Pending such ac- AMENDMENTS tion, the State commission may suspend en- 1999—Subsec. (e)(3). Pub. L. 106–81 added par. (3). forcement of the requirement or requirements to which the petition applies with respect to § 252. Procedures for negotiation, arbitration, the petitioning carrier or carriers. and approval of agreements (g) Continued enforcement of exchange access (a) Agreements arrived at through negotiation and interconnection requirements (1) Voluntary negotiations On and after February 8, 1996, each local ex- Upon receiving a request for interconnec- change carrier, to the extent that it provides tion, services, or network elements pursuant wireline services, shall provide exchange access, to section 251 of this title, an incumbent local information access, and exchange services for exchange carrier may negotiate and enter into such access to interexchange carriers and infor- a binding agreement with the requesting tele- mation service providers in accordance with the communications carrier or carriers without same equal access and nondiscriminatory inter- regard to the standards set forth in sub- connection restrictions and obligations (includ- sections (b) and (c) of section 251 of this title. ing receipt of compensation) that apply to such The agreement shall include a detailed sched- carrier on the date immediately preceding Feb- ule of itemized charges for interconnection ruary 8, 1996, under any court order, consent de- and each service or network element included cree, or regulation, order, or policy of the Com- in the agreement. The agreement, including mission, until such restrictions and obligations any interconnection agreement negotiated be- are explicitly superseded by regulations pre- fore February 8, 1996, shall be submitted to the scribed by the Commission after February 8, State commission under subsection (e) of this 1996. During the period beginning on February 8, section. 1996, and until such restrictions and obligations are so superseded, such restrictions and obliga- (2) Mediation tions shall be enforceable in the same manner as Any party negotiating an agreement under regulations of the Commission. this section may, at any point in the negotia-