§  51.315   Combination of unbundled network elements.

   (a) An incumbent LEC shall provide unbundled network elements in a
   manner that allows requesting telecommunications carriers to combine
   such network elements in order to provide a telecommunications service.

   (b) Except upon request, an incumbent LEC shall not separate requested
   network elements that the incumbent LEC currently combines.

   (c) Upon request, an incumbent LEC shall perform the functions
   necessary to combine unbundled network elements in any manner, even if
   those elements are not ordinarily combined in the incumbent LEC's
   network, provided that such combination:

   (1) Is technically feasible; and

   (2) Would not undermine the ability of other carriers to obtain access
   to unbundled network elements or to interconnect with the incumbent
   LEC's network.

   (d) Upon request, an incumbent LEC shall perform the functions
   necessary to combine unbundled network elements with elements possessed
   by the requesting telecommunications carrier in any technically
   feasible manner.

   (e) An incumbent LEC that denies a request to combine elements pursuant
   to paragraph (c)(1) or paragraph (d) of this section must prove to the
   state commission that the requested combination is not technically
   feasible.

   (f) An incumbent LEC that denies a request to combine unbundled network
   elements pursuant to paragraph (c)(2) of this section must demonstrate
   to the state commission that the requested combination would undermine
   the ability of other carriers to obtain access to unbundled network
   elements or to interconnect with the incumbent LEC's network.

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