§  51.311   Nondiscriminatory access to unbundled network elements.

   (a) The quality of an unbundled network element, as well as the quality
   of the access to the unbundled network element, that an incumbent LEC
   provides to a requesting telecommunications carrier shall be the same
   for all telecommunications carriers requesting access to that network
   element.

   (b) To the extent technically feasible, the quality of an unbundled
   network element, as well as the quality of the access to such unbundled
   network element, that an incumbent LEC provides to a requesting
   telecommunications carrier shall be at least equal in quality to that
   which the incumbent LEC provides to itself. If an incumbent LEC fails
   to meet this requirement, the incumbent LEC must prove to the state
   commission that it is not technically feasible to provide the requested
   unbundled network element, or to provide access to the requested
   unbundled network element, at a level of quality that is equal to that
   which the incumbent LEC provides to itself.

   (c) Previous successful access to an unbundled element at a particular
   point in a network, using particular facilities, is substantial
   evidence that access is technically feasible at that point, or at
   substantially similar points, in networks employing substantially
   similar facilities. Adherence to the same interface or protocol
   standards shall constitute evidence of the substantial similarity of
   network facilities.

   (d) Previous successful provision of access to an unbundled element at
   a particular point in a network at a particular level of quality is
   substantial evidence that access is technically feasible at that point,
   or at substantially similar points, at that level of quality.

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