§ 51.223   Application of additional requirements.

   (a) A state may not impose the obligations set forth in section 251(c) of
   the Act on a LEC that is not classified as an incumbent LEC as defined in
   section  251(h)(1)  of  the Act, unless the Commission issues an order
   declaring that such LECs or classes or categories of LECs should be treated
   as incumbent LECs.

   (b) A state commission, or any other interested party, may request that the
   Commission issue an order declaring that a particular LEC be treated as an
   incumbent LEC, or that a class or category of LECs be treated as incumbent
   LECs, pursuant to section 251(h)(2) of the Act.

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