§ 51.605   Additional obligations of incumbent local exchange carriers.

   (a) An incumbent LEC shall offer to any requesting telecommunications
   carrier any telecommunications service that the incumbent LEC offers on
   a retail basis to subscribers that are not telecommunications carriers
   for resale at wholesale rates that are, at the election of the state
   commission—

   (1) Consistent with the avoided cost methodology described in § § 51.607
   and 51.609; or

   (2) Interim wholesale rates, pursuant to § 51.611.

   (b) For purposes of this subpart, exchange access services, as defined
   in section 3 of the Act, shall not be considered to be
   telecommunications services that incumbent LECs must make available for
   resale at wholesale rates to requesting telecommunications carriers.

   (c) For purposes of this subpart, advanced telecommunications services
   sold to Internet Service Providers as an input component to the
   Internet Service Providers' retail Internet service offering shall not
   be considered to be telecommunications services offered on a retail
   basis that incumbent LECs must make available for resale at wholesale
   rates to requesting telecommunications carriers.

   (d) Notwithstanding paragraph (b) of this section, advanced
   telecommunications services that are classified as exchange access
   services are subject to the obligations of paragraph (a) of this
   section if such services are sold on a retail basis to residential and
   business end-users that are not telecommunications carriers.

   (e) Except as provided in § 51.613, an incumbent LEC shall not impose
   restrictions on the resale by a requesting carrier of
   telecommunications services offered by the incumbent LEC.

   [ 61 FR 45619 , Aug. 29, 1996, as amended at  65 FR 6915 , Feb. 11, 2000]

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