§  51.307   Duty to provide access on an unbundled basis to network elements.

   (a) An incumbent LEC shall provide, to a requesting telecommunications
   carrier for the provision of a telecommunications service,
   nondiscriminatory access to network elements on an unbundled basis at
   any technically feasible point on terms and conditions that are just,
   reasonable, and nondiscriminatory in accordance with the terms and
   conditions of any agreement, the requirements of sections 251 and 252
   of the Act, and the Commission's rules.

   (b) The duty to provide access to unbundled network elements pursuant
   to section 251(c)(3) of the Act includes a duty to provide a connection
   to an unbundled network element independent of any duty to provide
   interconnection pursuant to this part and section 251(c)(2) of the Act.

   (c) An incumbent LEC shall provide a requesting telecommunications
   carrier access to an unbundled network element, along with all of the
   unbundled network element's features, functions, and capabilities, in a
   manner that allows the requesting telecommunications carrier to provide
   any telecommunications service that can be offered by means of that
   network element.

   (d) An incumbent LEC shall provide a requesting telecommunications
   carrier access to the facility or functionality of a requested network
   element separate from access to the facility or functionality of other
   network elements, for a separate charge.

   (e) An incumbent LEC shall provide to a requesting telecommunications
   carrier technical information about the incumbent LEC's network
   facilities sufficient to allow the requesting carrier to achieve access
   to unbundled network elements consistent with the requirements of this
   section.

   [ 61 FR 45619 , Aug. 29, 1996, as amended at  61 FR 47351 , Sept. 6, 1996]