Link to an amendment published at 91 FR 20374, Apr. 16, 2026.(a) An incumbent LEC shall offer to any requesting telecommunications carrier any telecommunications service that the incumbent LEC offers on a retail basis to subscribers that are not telecommunications carriers for resale at wholesale rates that are, at the election of the state commission—
(1) Consistent with the avoided cost methodology described in §§ 51.607 and 51.609; or
(2) Interim wholesale rates, pursuant to § 51.611.
(b) For purposes of this subpart, exchange access services, as defined in section 3 of the Act, shall not be considered to be telecommunications services that incumbent LECs must make available for resale at wholesale rates to requesting telecommunications carriers.
(c) For purposes of this subpart, advanced telecommunications services sold to Internet Service Providers as an input component to the Internet Service Providers' retail Internet service offering shall not be considered to be telecommunications services offered on a retail basis that incumbent LECs must make available for resale at wholesale rates to requesting telecommunications carriers.
(d) Notwithstanding paragraph (b) of this section, advanced telecommunications services that are classified as exchange access services are subject to the obligations of paragraph (a) of this section if such services are sold on a retail basis to residential and business end-users that are not telecommunications carriers.
(e) Except as provided in § 51.613, an incumbent LEC shall not impose restrictions on the resale by a requesting carrier of telecommunications services offered by the incumbent LEC.
[61 FR 45619, Aug. 29, 1996, as amended at 65 FR 6915, Feb. 11, 2000]
Notes of Decisions
Budget Prepay, Inc. v. AT&T Corp., 605 F.3d 273 (5th Cir. 2010).
· cites it 2× “” 47 C.F.R. § 51.605 . The FCC regulations permit state commissions to make two exceptions to this resale requirement.”
BellSouth Telecomm., Inc. v. Sanford, 494 F.3d 439 (4th Cir. 2007).
· cites it 2× “Thus, when an incumbent LEC offers telecommunications services to a competitive LEC at a wholesale rate, see 47 C.F.R. § 51.605 (a), it does so subject to id.”
Puerto Rico Tel. Co. v. Puerto Rico Telecomm. Regulatory Bd., 825 F. Supp. 2d 327 (D.P.R. 2011).
· cites it 9× “01 of the Agreement provides: Any and all Telecommunications Services now or hereafter offered by PRTC on a retail basis to customers that are not Telecommunications Carriers shall be made available by PRTC to [Centennial] for resale under the terms of the Communications Acts,…”
U S West Commc'ns, Inc. v. Hix, 183 F. Supp. 2d 1249 (D. Colo. 2000).
“§ 251 (e)(4)(A); see also 47 C.F.R. § 51.605 (a). The Telco Act defines “telecommunications service” broadly as “the offering of telecommunications for a fee directly to the public.”
Pr Tel. v. Pr Telecomms. Regulatory, 825 F. Supp. 2d 327 (D.P.R. 2011).
· cites it 9× “01 of the Agreement provides: Any and all Telecommunications Services now or hereafter offered by PRTC on a retail basis to customers that are not Telecommunications Carriers shall be made available by PRTC to [Centennial] for resale under the terms of the Communications Acts,…”
Budget Prepay, Inc. v. AT&T Corp. (5th Cir. 2010).
· cites it 2× “” 47 C.F.R. § 51.605 . The FCC regulations permit state commissions to make two exceptions to this resale requirement.”
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