Sec.  51.311   Nondiscriminatory access to unbundled network elements.

   (a) The quality of an unbundled network element, as well as the quality of
   the access to the unbundled network element, that an incumbent LEC provides
   to  a  requesting telecommunications carrier shall be the same for all
   telecommunications carriers requesting access to that network element.

   (b) To the extent technically feasible, the quality of an unbundled network
   element, as well as the quality of the access to such unbundled network
   element, that an incumbent LEC provides to a requesting telecommunications
   carrier shall be at least equal in quality to that which the incumbent LEC
   provides to itself. If an incumbent LEC fails to meet this requirement, the
   incumbent LEC must prove to the state commission that it is not technically
   feasible to provide the requested unbundled network element, or to provide
   access to the requested unbundled network element, at a level of quality
   that is equal to that which the incumbent LEC provides to itself.

   (c) Previous successful access to an unbundled element at a particular point
   in a network, using particular facilities, is substantial evidence that
   access is technically feasible at that point, or at substantially similar
   points, in networks employing substantially similar facilities. Adherence to
   the same interface or protocol standards shall constitute evidence of the
   substantial similarity of network facilities.

   (d) Previous successful provision of access to an unbundled element at a
   particular  point  in  a  network  at a particular level of quality is
   substantial evidence that access is technically feasible at that point, or
   at substantially similar points, at that level of quality.

   [ 61 FR 45619 , Aug. 29, 1996, as amended at  68 FR 52294 , Sept. 2, 2003]