47 C.F.R. § 51.307

Duty to provide access on an unbundled basis to network elements

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(a) An incumbent LEC shall provide, to a requesting telecommunications carrier for the provision of a telecommunications service, nondiscriminatory access to network elements on an unbundled basis at any technically feasible point on terms and conditions that are just, reasonable, and nondiscriminatory in accordance with the terms and conditions of any agreement, the requirements of sections 251 and 252 of the Act, and the Commission's rules.

(b) The duty to provide access to unbundled network elements pursuant to section 251(c)(3) of the Act includes a duty to provide a connection to an unbundled network element independent of any duty to provide interconnection pursuant to this part and section 251(c)(2) of the Act.

(c) An incumbent LEC shall provide a requesting telecommunications carrier access to an unbundled network element, along with all of the unbundled network element's features, functions, and capabilities, in a manner that allows the requesting telecommunications carrier to provide any telecommunications service that can be offered by means of that network element.

(d) An incumbent LEC shall provide a requesting telecommunications carrier access to the facility or functionality of a requested network element separate from access to the facility or functionality of other network elements, for a separate charge.

(e) An incumbent LEC shall provide to a requesting telecommunications carrier technical information about the incumbent LEC's network facilities sufficient to allow the requesting carrier to achieve access to unbundled network elements consistent with the requirements of this section.

[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 47351, Sept. 6, 1996]

Notes of Decisions

Cited in 2 cases, 2001–2010 · leading case: Qwest Corp. v. United States, 48 Fed. Cl. 672 (Fed. Cl. 2001).

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Qwest Corp. v. United States, 48 Fed. Cl. 672 (Fed. Cl. 2001). · cites it 2× “See Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, First Report and Order, 11 FCC Red 15,499 (1996) (“Local Competition Order”)-, 47 C.F.R. § 51.307 , et seq. Under the Local Competition Order Qwest is required to lease UNEs to…”

Bellsouth Telecomm., Inc. v. Kentucky Pub. Serv. Comm'n, 693 F. Supp. 2d 703 (E.D. Ky. 2010). · cites it 2× “319 (v) must be read in conjunction with § 251 and 47 C.F.R. § 51.307 . It contends that, when these statutes are read in conjunction, they establish the specific interconnection duties for an incumbent LEC.”

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