[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR51.309]

[Page 31]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 51_INTERCONNECTION--Table of Contents
 
  Subpart D_Additional Obligations of Incumbent Local Exchange Carriers
 
Sec.  51.309  Use of unbundled network elements.

    (a) An incumbent LEC shall not impose limitations, restrictions, or 
requirements on requests for, or the use of, unbundled network elements 
that would impair the ability of a requesting telecommunications carrier 
to offer a telecommunications service in the manner the requesting 
telecommunications carrier intends.
    (b) A telecommunications carrier purchasing access to an unbundled 
network element may use such network element to provide exchange access 
services to itself in order to provide interexchange services to 
subscribers.
    (c) A telecommunications carrier purchasing access to an unbundled 
network facility is entitled to exclusive use of that facility for a 
period of time, or when purchasing access to a feature, function, or 
capability of a facility, a telecommunications carrier is entitled to 
use of that feature, function, or capability for a period of time. A 
telecommunications carrier's purchase of access to an unbundled network 
element does not relieve the incumbent LEC of the duty to maintain, 
repair, or replace the unbundled network element.

    Effective Date Note: At 68 FR 52294, Sept. 2, 2003, Sec.  51.309 was 
amended by revising paragraphs (a) and (b), and by adding paragraphs (d) 
through (g), effective Oct. 2, 2003. For the convenience of the user, 
the revised and added text is set forth as follows:

Sec.  51.309  Use of unbundled network elements.

    (a) Except as provided in Sec.  51.318, an incumbent LEC shall not 
impose limitations, restrictions, or requirements on requests for, or 
the use of, unbundled network elements for the service a requesting 
telecommunications carrier seeks to offer.
    (b) A requesting telecommunications carrier may not access an 
unbundled network element for the sole purpose of providing non-
qualifying services.

                                * * * * *

    (d) A requesting telecommunications carrier that accesses and uses 
an unbundled network element pursuant to section 251(c)(3) of the Act 
and this part to provide a qualifying service may use the same unbundled 
network element to provide non-qualifying services.
    (e) Except as provided in Sec.  51.318, an incumbent LEC shall 
permit a requesting telecommunications carrier to commingle an unbundled 
network element or a combination of unbundled network elements with 
wholesale services obtained from an incumbent LEC.
    (f) Upon request, an incumbent LEC shall perform the functions 
necessary to commingle an unbundled network element or a combination of 
unbundled network elements with one or more facilities or services that 
a requesting telecommunications carrier has obtained at wholesale from 
an incumbent LEC.
    (g) An incumbent LEC shall not deny access to an unbundled network 
element or a combination of unbundled network elements on the grounds 
that one or more of the elements:
    (1) Is connected to, attached to, linked to, or combined with, a 
facility or service obtained from an incumbent LEC; or
    (2) Shares part of the incumbent LEC's network with access services 
or inputs for non-qualifying services.