Federal Communications Commission § 64.1903

(ii) Is a person or entity that, on or (1) The affiliate shall maintain sepa- after February 8, 1996, became a suc- rate books of account from its affili- cessor or assign of a member described ated exchange companies. Nothing in in paragraph (2)(i) of this section. The this section requires the affiliate to Commission may also, by rule, treat an maintain separate books of account independent local exchange carrier as that comply with part 32 of this title; an incumbent independent local ex- (2) The affiliate shall not jointly own change carrier pursuant to section transmission or switching facilities 251(h)(2) of the Communications Act of with its affiliated exchange companies. 1934, as amended. Nothing in this section prohibits an af- Independent Local Exchange Carrier filiate from sharing personnel or other (Independent LEC). Independent local resources or assets with an affiliated exchange carriers are local exchange exchange company; and carriers, including GTE, other than the (3) The affiliate shall acquire any BOCs. services from its affiliated exchange Independent Local Exchange Carrier companies for which the affiliated ex- Affiliate (Independent LEC Affiliate). change companies are required to file a An independent local exchange carrier tariff at tariffed rates, terms, and con- affiliate is a carrier that is owned (in ditions. Nothing in this section shall whole or in part) or controlled by, or prohibit the affiliate from acquiring under common ownership (in whole or any unbundled network elements or ex- in part) or control with, an inde- change services for the provision of a pendent local exchange carrier. telecommunications service from its In-region service. In-region service affiliated exchange companies, subject means telecommunications service to the same terms and conditions as originating in an independent local ex- provided in an agreement approved change carrier’s local service areas or under section 252 of the Communica- 800 service, private line service, or tions Act of 1934, as amended. their equivalents that: (b) Except as provided in paragraph (1) Terminate in the independent (b)(1) of this section, the affiliate re- LEC’s local exchange areas; and quired in paragraph (a) of this section (2) Allow the called party to deter- shall be a separate legal entity from its mine the interexchange carrier, even if affiliated exchange companies. The af- the service originates outside the inde- filiate may be staffed by personnel of pendent LEC’s local exchange areas. its affiliated exchange companies, Local Exchange Carrier. The term housed in existing offices of its affili- local exchange carrier means any per- ated exchange companies, and use its son that is engaged in the provision of affiliated exchange companies’ mar- telephone exchange service or ex- keting and other services, subject to change access. Such term does not in- paragraph (a)(3) of this section. clude a person insofar as such person is (1) For an incumbent independent engaged in the provision of a commer- LEC that provides in-region, interstate cial mobile service under section 332(c), domestic interexchange services or in- except to the extent that the Commis- region international interexchange sion finds that such service should be services using no interexchange switch- included in the definition of that term. ing or transmission facilities or capa- bility of the LEC’s own (i.e., ‘‘inde- [64 FR 44425, Aug. 16, 1999] pendent LEC reseller,’’) the affiliate re- § 64.1903 Obligations of all incumbent quired in paragraph (a) of this section independent local exchange car- may be a separate corporate division of riers. such incumbent independent LEC. All other provisions of this Subpart appli- (a) An incumbent independent LEC cable to an independent LEC affiliate providing in-region, interstate, inter- shall continue to apply, as applicable, exchange services or in-region inter- to such separate corporate division. national interexchange services shall provide such services through an affil- (2) [Reserved] iate that satisfies the following re- [64 FR 44425, Aug. 16, 1999, as amended at 71 quirements: FR 65751, Nov. 9, 2006]

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