§ 59.2   Terms and conditions of infrastructure sharing.

   (a) An incumbent local exchange carrier subject to the requirements of
   section 59.1 shall not be required to take any action that is
   economically unreasonable or that is contrary to the public interest.

   (b) An incumbent local exchange carrier subject to the requirements of
   section 59.1 may, but shall not be required to, enter into joint
   ownership or operation of public switched network infrastructure,
   technology, information and telecommunications facilities and functions
   and services with a qualifying carrier as a method of fulfilling its
   obligations under section 59.1.

   (c) An incumbent local exchange carrier subject to the requirements of
   section 59.1 shall not be treated by the Commission or any State as a
   common carrier for hire or as offering common carrier services with
   respect to any public switched network infrastructure, technology,
   information, or telecommunications facilities, or functions made
   available to a qualifying carrier in accordance with regulations issued
   pursuant to this section.

   (d) An incumbent local exchange carrier subject to the requirements of
   section 59.1 shall make such public switched network infrastructure,
   technology, information, and telecommunications facilities, or
   functions available to a qualifying carrier on just and reasonable
   terms and pursuant to conditions that permit such qualifying carrier to
   fully benefit from the economies of scale and scope of such local
   exchange carrier. An incumbent local exchange carrier that has entered
   into an infrastructure sharing agreement pursuant to section 59.1 must
   give notice to the qualifying carrier at least sixty days before
   terminating such infrastructure sharing agreement.

   (e) An incumbent local exchange carrier subject to the requirements of
   section 59.1 shall not be required to engage in any infrastructure
   sharing agreement for any services or access which are to be provided
   or offered to consumers by the qualifying carrier in such local
   exchange carrier's telephone exchange area.

   (f) An incumbent local exchange carrier subject to the requirements of
   section 59.1 shall file with the State, or, if the State has made no
   provision to accept such filings, with the Commission, for public
   inspection, any tariffs, contracts, or other arrangements showing the
   rates, terms, and conditions under which such carrier is making
   available public switched network infrastructure, technology,
   information and telecommunications facilities and functions pursuant to
   this part.

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