Sec.  51.809   Availability of agreements to other telecommunications carriers
under section 252(i) of the Act.

   (a) An incumbent LEC shall make available without unreasonable delay to any
   requesting telecommunications carrier any agreement in its entirety to which
   the incumbent LEC is a party that is approved by a state commission pursuant
   to section 252 of the Act, upon the same rates, terms, and conditions as
   those  provided  in  the agreement. An incumbent LEC may not limit the
   availability of any agreement only to those requesting carriers serving a
   comparable class of subscribers or providing the same service ( i.e. ,
   local, access, or interexchange) as the original party to the agreement.

   (b) The obligations of paragraph (a) of this section shall not apply where
   the incumbent LEC proves to the state commission that:

   (1)  The  costs  of providing a particular agreement to the requesting
   telecommunications carrier are greater than the costs of providing it to the
   telecommunications carrier that originally negotiated the agreement, or

   (2) The provision of a particular agreement to the requesting carrier is not
   technically feasible.

   (c)   Individual   agreements   shall  remain  available  for  use  by
   telecommunications carriers pursuant to this section for a reasonable period
   of time after the approved agreement is available for public inspection
   under section 252(h) of the Act.

   [ 69 FR 43771 , July 22, 2004]
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