Sec.  51.217   Nondiscriminatory access: Telephone numbers, operator services,
directory assistance services, and directory listings.

   (a) Definitions. As used in this section, the following definitions apply:

   (1) Competing provider. A “competing provider” is a provider of telephone
   exchange or telephone toll services that seeks nondiscriminatory access from
   a local exchange carrier (LEC) in that LEC's service area.

   (2) Nondiscriminatory access. “Nondiscriminatory access” refers to access to
   telephone numbers, operator services, directory assistance and directory
   listings that is at least equal to the access that the providing local
   exchange carrier (LEC) itself receives. Nondiscriminatory access includes,
   but is not limited to:

   (i) Nondiscrimination between and among carriers in the rates, terms, and
   conditions of the access provided; and

   (ii) The ability of the competing provider to obtain access that is at least
   equal in quality to that of the providing LEC.

   (3) Providing local exchange carrier (LEC). A “providing local exchange
   carrier”  is a local exchange carrier (LEC) that is required to permit
   nondiscriminatory access to a competing provider.

   (b) General rule. A local exchange carrier (LEC) that provides operator
   services,  directory  assistance services or directory listings to its
   customers, or provides telephone numbers, shall permit competing providers
   of  telephone  exchange  service  or  telephone  toll  service to have
   nondiscriminatory access to that service or feature, with no unreasonable
   dialing delays.

   (c) Specific requirements. A LEC subject to paragraph (b) of this section
   must also comply with the following requirements:

   (1) Telephone numbers. A LEC shall permit competing providers to have access
   to telephone numbers that is identical to the access that the LEC provides
   to itself.

   (2) Operator services. A LEC must permit telephone service customers to
   connect to the operator services offered by that customer's chosen local
   service provider by dialing “0,” or “0” plus the desired telephone number,
   regardless  of  the identity of the customer's local telephone service
   provider.

   (3) Directory assistance services and directory listings —(i) Access to
   directory assistance. A LEC shall permit competing providers to have access
   to  its  directory assistance services, including directory assistance
   databases, so that any customer of a competing provider can obtain directory
   listings, except as provided in paragraph (c)(3)(iv) of this section, on a
   nondiscriminatory basis, notwithstanding the identity of the customer's
   local service provider, or the identity of the provider for the customer
   whose listing is requested. A LEC must supply access to directory assistance
   in the manner specified by the competing provider, including transfer of the
   LECs' directory assistance databases in readily accessible magnetic tape,
   electronic or other convenient format, as provided in paragraph (c)(3)(iii)
   of this section. Updates to the directory assistance database shall be made
   in  the same format as the initial transfer (unless the requesting LEC
   requests otherwise), and shall be performed in a timely manner, taking no
   longer than those made to the providing LEC's own database. A LEC shall
   accept the listings of those customers served by competing providers for
   inclusion in its directory assistance/operator services databases.

   (ii) Access to directory listings. A LEC that compiles directory listings
   shall  share directory listings with competing providers in the manner
   specified by the competing provider, including readily accessible tape or
   electronic formats, as provided in paragraph (c)(3)(iii) of this section.
   Such data shall be provided in a timely fashion.

   (iii)  Format.  A LEC shall provide access to its directory assistance
   services, including directory assistance databases, and to its directory
   listings  in any format the competing provider specifies, if the LEC's
   internal systems can accommodate that format.

   (A)  If  a  LEC's  internal systems do not permit it provide directory
   assistance  or  directory  listings in the format the specified by the
   competing provider, the LEC shall:

   ( 1 ) Within thirty days of receiving the request, inform the competing
   provider that the requested format cannot be accommodated and tell the
   requesting provider which formats can be accommodated; and

   ( 2 ) Provide the requested directory assistance or directory listings in
   the format the competing provider chooses from among the available formats.

   (B) [Reserved]

   (iv) Unlisted numbers. A LEC shall not provide access to unlisted telephone
   numbers, or other information that its customer has asked the LEC not to
   make available, with the exception of customer name and address. The LEC
   shall ensure that access is permitted to the same directory information,
   including customer name and address, that is available to its own directory
   assistance customers.

   (v)  Adjuncts  to services. Operator services and directory assistance
   services must be made available to competing providers in their entirety,
   including access to any adjunct features (e.g., rating tables or customer
   information databases) necessary to allow competing providers full use of
   these services.

   (d) Branding of operator services and directory assistance services. The
   refusal of a providing local exchange carrier (LEC) to comply with the
   reasonable request of a competing provider that the providing LEC rebrand
   its operator services and directory assistance, or remove its brand from
   such services, creates a presumption that the providing LEC is unlawfully
   restricting access to its operator services and directory assistance. The
   providing LEC can rebut this presumption by demonstrating that it lacks the
   capability to comply with the competing provider's request.

   (e) Disputes —(1) Disputes involving nondiscriminatory access. In disputes
   involving  nondiscriminatory  access  to  operator services, directory
   assistance services, or directory listings, a providing LEC shall bear the
   burden of demonstrating with specificity:

   (i) That it is permitting nondiscriminatory access, and

   (ii)  That any disparity in access is not caused by factors within its
   control. “Factors within its control” include, but are not limited to,
   physical facilities, staffing, the ordering of supplies or equipment, and
   maintenance.

   (2) Disputes involving unreasonable dialing delay. In disputes between
   providing local exchange carriers (LECs) and competing providers involving
   unreasonable dialing delay in the provision of access to operator services
   and directory assistance, the burden of proof is on the providing LEC to
   demonstrate  with  specificity  that it is processing the calls of the
   competing provider's customers on terms equal to that of similar calls from
   the providing LEC's own customers.

   [ 61 FR 47350 , Sept. 6, 1996, as amended at  64 FR 51911 , Sept. 27, 1999]

   Effective Date Note:   At  64 FR 51911 , Sept. 27, 1999,  Sec. 51.217 was amended
   by revising paragraph (c)(3). This paragraph contains information collection
   and recordkeeping requirements and will not become effective until approval
   has been given by the Office of Management and Budget.