[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: 47CFR51.315]

[Page 33]
 
                       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.  51.315  Combination of unbundled network elements.

    (a) An incumbent LEC shall provide unbundled network elements in a 
manner that allows requesting telecommunications carriers to combine 
such network elements in order to provide a telecommunications service.
    (b) Except upon request, an incumbent LEC shall not separate 
requested network elements that the incumbent LEC currently combines.
    (c) Upon request, an incumbent LEC shall perform the functions 
necessary to combine unbundled network elements in any manner, even if 
those elements are not ordinarily combined in the incumbent LEC's 
network, provided that such combination is:
    (1) Technically feasible; and
    (2) Would not impair the ability of other carriers to obtain access 
to unbundled network elements or to interconnect with the incumbent 
LEC's network.
    (d) Upon request, an incumbent LEC shall perform the functions 
necessary to combine unbundled network elements with elements possessed 
by the requesting telecommunications carrier in any technically feasible 
manner.
    (e) An incumbent LEC that denies a request to combine elements 
pursuant to paragraph (c)(1) or paragraph (d) of this section must prove 
to the state commission that the requested combination is not 
technically feasible.
    (f) An incumbent LEC that denies a request to combine elements 
pursuant to paragraph (c)(2) of this section must prove to the state 
commission that the requested combination would impair the ability of 
other carriers to obtain access to unbundled network elements or to 
interconnect with the incumbent LEC's network.

    Effective Date Note: At 68 FR 52294, Sept. 2, 2003, Sec.  51.315 was 
amended by revising paragraphs (c) and (f), effective Oct. 2, 2003. For 
the convenience of the user, the revised text is set forth as follows:

Sec.  51.315  Combination of unbundled network elements.

                                * * * * *

    (c) Upon request, an incumbent LEC shall perform the functions 
necessary to combine unbundled network elements in any manner, even if 
those elements are not ordinarily combined in the incumbent LEC's 
network, provided that such combination:
    (1) Is technically feasible; and
    (2) Would not undermine the ability of other carriers to obtain 
access to unbundled network elements or to interconnect with the 
incumbent LEC's network.

                                * * * * *

    (f) An incumbent LEC that denies a request to combine unbundled 
network elements pursuant to paragraph (c)(2) of this section must 
demonstrate to the state commission that the requested combination would 
undermine the ability of other carriers to obtain access to unbundled 
network elements or to interconnect with the incumbent LEC's network.