47 C.F.R. § 51.100
General duty
(a) Each telecommunications carrier has the duty:
(1) To interconnect directly or indirectly with the facilities and equipment of other telecommunications carriers; and
(2) To not install network features, functions, or capabilities that do not comply with the guidelines and standards as provided in the Commission's rules or section 255 or 256 of the Act.
(b) A telecommunication carrier that has interconnected or gained access under sections 251(a)(1), 251(c)(2), or 251(c)(3) 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.
Notes of Decisions
Cited in 4
cases, 2008–2011 · leading case: Fitch v. Pub. Util. Comm'n, 261 F. App'x 788 (5th Cir. 2008).
Fitch v. Pub. Util. Comm'n, 261 F. App'x 788 (5th Cir. 2008). “2 Relying on the FCC rule laid out in 47 C.F.R. § 51.100 (b), 3 the PUCT arbi *791 trators held that Affordable could not use the interconnection facilities to carry Internet access traffic because Affordable does not offer telecommunications service “through” interconnection…”
Sw. Bell Tel. Co. v. Fitch, 801 F. Supp. 2d 555 (S.D. Tex. 2011). “Relying on 47 C.F.R. § 51.100 (b), 10 the PUCT rejected Affordable’s claims that it could use its paging interconnection with AT & T Texas to carry Internet access traffic because Affordable did not offer telecommunications service “through” interconnection facilities; rather,…”
Sw. Bell Tel. Co. v. Fitch, 643 F. Supp. 2d 902 (S.D. Tex. 2009). “An information service offers the capability for "generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications,” but does not include providing telecommunications itself.”
Time Warner Cable Info. Servs. (North Carolina), LLC v. Duncan, 656 F. Supp. 2d 565 (E.D.N.C. 2009). “The fact a telecommunications carrier offers an “information service” — and seeks to interconnect to exchange such traffic— does not void the carrier’s interconnection rights, provided that the carrier also offers “telecommunications services.”
— 47 C.F.R. § 51.100(b) — 2 cases
Fitch v. Pub. Util. Comm'n, 261 F. App'x 788 (5th Cir. 2008). “2 Relying on the FCC rule laid out in 47 C.F.R. § 51.100 (b), 3 the PUCT arbi *791 trators held that Affordable could not use the interconnection facilities to carry Internet access traffic because Affordable does not offer telecommunications service “through” interconnection…”
Sw. Bell Tel. Co. v. Fitch, 801 F. Supp. 2d 555 (S.D. Tex. 2011). “Relying on 47 C.F.R. § 51.100 (b), 10 the PUCT rejected Affordable’s claims that it could use its paging interconnection with AT & T Texas to carry Internet access traffic because Affordable did not offer telecommunications service “through” interconnection facilities; rather,…”
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