§ 51.613   Restrictions on resale.

   (a) Notwithstanding § 51.605(b), the following types of restrictions on
   resale may be imposed:

   (1) Cross-class selling. A state commission may permit an incumbent LEC to
   prohibit a requesting telecommunications carrier that purchases at wholesale
   rates for resale, telecommunications services that the incumbent LEC makes
   available only to residential customers or to a limited class of residential
   customers, from offering such services to classes of customers that are not
   eligible to subscribe to such services from the incumbent LEC.

   (2)  Short term promotions. An incumbent LEC shall apply the wholesale
   discount to the ordinary rate for a retail service rather than a special
   promotional rate only if:

   (i) Such promotions involve rates that will be in effect for no more than 90
   days; and

   (ii) The incumbent LEC does not use such promotional offerings to evade the
   wholesale rate obligation, for example by making available a sequential
   series of 90-day promotional rates.

   (b) With respect to any restrictions on resale not permitted under paragraph
   (a), an incumbent LEC may impose a restriction only if it proves to the
   state commission that the restriction is reasonable and nondiscriminatory.

   (c) Branding. Where operator, call completion, or directory assistance
   service is part of the service or service package an incumbent LEC offers
   for resale, failure by an incumbent LEC to comply with reseller unbranding
   or rebranding requests shall constitute a restriction on resale.

   (1) An incumbent LEC may impose such a restriction only if it proves to the
   state commission that the restriction is reasonable and nondiscriminatory,
   such as by proving to a state commission that the incumbent LEC lacks the
   capability to comply with unbranding or rebranding requests.

   (2) For purposes of this subpart, unbranding or rebranding shall mean that
   operator, call completion, or directory assistance services are offered in
   such  a manner that an incumbent LEC's brand name or other identifying
   information is not identified to subscribers, or that such services are
   offered in such a manner that identifies to subscribers the requesting
   carrier's brand name or other identifying information.

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