Goto Section: 51.611 | 51.615 | Table of Contents
Revised as of October 1, 2020
Goto Year:2019 |
§ 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
(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
(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
(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.
Goto Section: 51.611 | 51.615
Goto Year: 2019 |
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