Goto Section: 59.1 | 59.3 | Table of Contents
FCC 59.2
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 59.2 Terms and conditions of infrastructure sharing.
(a) An incumbent local exchange carrier subject to the requirements of
section 59.1 shall not be required to take any action that is economically
unreasonable or that is contrary to the public interest.
(b) An incumbent local exchange carrier subject to the requirements of
section 59.1 may, but shall not be required to, enter into joint ownership
or operation of public switched network infrastructure, technology,
information and telecommunications facilities and functions and services
with a qualifying carrier as a method of fulfilling its obligations under
section 59.1.
(c) An incumbent local exchange carrier subject to the requirements of
section 59.1 shall not be treated by the Commission or any State as a common
carrier for hire or as offering common carrier services with respect to any
public switched network infrastructure, technology, information, or
telecommunications facilities, or functions made available to a qualifying
carrier in accordance with regulations issued pursuant to this section.
(d) An incumbent local exchange carrier subject to the requirements of
section 59.1 shall make such public switched network infrastructure,
technology, information, and telecommunications facilities, or functions
available to a qualifying carrier on just and reasonable terms and pursuant
to conditions that permit such qualifying carrier to fully benefit from the
economies of scale and scope of such local exchange carrier. An incumbent
local exchange carrier that has entered into an infrastructure sharing
agreement pursuant to section 59.1 must give notice to the qualifying
carrier at least sixty days before terminating such infrastructure sharing
agreement.
(e) An incumbent local exchange carrier subject to the requirements of
section 59.1 shall not be required to engage in any infrastructure sharing
agreement for any services or access which are to be provided or offered to
consumers by the qualifying carrier in such local exchange carrier's
telephone exchange area.
(f) An incumbent local exchange carrier subject to the requirements of
section 59.1 shall file with the State, or, if the State has made no
provision to accept such filings, with the Commission, for public
inspection, any tariffs, contracts, or other arrangements showing the rates,
terms, and conditions under which such carrier is making available public
switched network infrastructure, technology, information and
telecommunications facilities and functions pursuant to this part.
Goto Section: 59.1 | 59.3
Goto Year: 2007 |
2009
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