
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC251]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                     SUBCHAPTER II--COMMON CARRIERS
 
               Part II--Development of Competitive Markets
 
Sec. 251. Interconnection


(a) General duty of telecommunications carriers

    Each telecommunications carrier has the duty--
        (1) to interconnect directly or indirectly with the facilities 
    and equipment of other telecommunications carriers; and
        (2) not to install network features, functions, or capabilities 
    that do not comply with the guidelines and standards established 
    pursuant to section 255 or 256 of this title.

(b) Obligations of all local exchange carriers

    Each local exchange carrier has the following duties:

                             (1) Resale

        The duty not to prohibit, and not to impose unreasonable or 
    discriminatory conditions or limitations on, the resale of its 
    telecommunications services.

                       (2) Number portability

        The duty to provide, to the extent technically feasible, number 
    portability in accordance with requirements prescribed by the 
    Commission.

                         (3) Dialing parity

        The duty to provide dialing parity to competing providers of 
    telephone exchange service and telephone toll service, and the duty 
    to permit all such providers to have nondiscriminatory access to 
    telephone numbers, operator services, directory assistance, and 
    directory listing, with no unreasonable dialing delays.

                     (4) Access to rights-of-way

        The duty to afford access to the poles, ducts, conduits, and 
    rights-of-way of such carrier to competing providers of 
    telecommunications services on rates, terms, and conditions that are 
    consistent with section 224 of this title.

                     (5) Reciprocal compensation

        The duty to establish reciprocal compensation arrangements for 
    the transport and termination of telecommunications.

(c) Additional obligations of incumbent local exchange carriers

    In addition to the duties contained in subsection (b) of this 
section, each incumbent local exchange carrier has the following duties:

                        (1) Duty to negotiate

        The duty to negotiate in good faith in accordance with section 
    252 of this title the particular terms and conditions of agreements 
    to fulfill the duties described in paragraphs (1) through (5) of 
    subsection (b) of this section and this subsection. The requesting 
    telecommunications carrier also has the duty to negotiate in good 
    faith the terms and conditions of such agreements.

                         (2) Interconnection

        The duty to provide, for the facilities and equipment of any 
    requesting telecommunications carrier, interconnection with the 
    local exchange carrier's network--
            (A) for the transmission and routing of telephone exchange 
        service and exchange access;
            (B) at any technically feasible point within the carrier's 
        network;
            (C) that is at least equal in quality to that provided by 
        the local exchange carrier to itself or to any subsidiary, 
        affiliate, or any other party to which the carrier provides 
        interconnection; and
            (D) on rates, terms, and conditions that are just, 
        reasonable, and nondiscriminatory, in accordance with the terms 
        and conditions of the agreement and the requirements of this 
        section and section 252 of this title.

                        (3) Unbundled access

        The duty to provide, to any requesting telecommunications 
    carrier for the provision of a telecommunications service, 
    nondiscriminatory access to network elements on an unbundled basis 
    at any technically feasible point on rates, terms, and conditions 
    that are just, reasonable, and nondiscriminatory in accordance with 
    the terms and conditions of the agreement and the requirements of 
    this section and section 252 of this title. An incumbent local 
    exchange carrier shall provide such unbundled network elements in a 
    manner that allows requesting carriers to combine such elements in 
    order to provide such telecommunications service.

                             (4) Resale

        The duty--
            (A) to offer for resale at wholesale rates any 
        telecommunications service that the carrier provides at retail 
        to subscribers who are not telecommunications carriers; and
            (B) not to prohibit, and not to impose unreasonable or 
        discriminatory conditions or limitations on, the resale of such 
        telecommunications service, except that a State commission may, 
        consistent with regulations prescribed by the Commission under 
        this section, prohibit a reseller that obtains at wholesale 
        rates a telecommunications service that is available at retail 
        only to a category of subscribers from offering such service to 
        a different category of subscribers.

                        (5) Notice of changes

        The duty to provide reasonable public notice of changes in the 
    information necessary for the transmission and routing of services 
    using that local exchange carrier's facilities or networks, as well 
    as of any other changes that would affect the interoperability of 
    those facilities and networks.

                           (6) Collocation

        The duty to provide, on rates, terms, and conditions that are 
    just, reasonable, and nondiscriminatory, for physical collocation of 
    equipment necessary for interconnection or access to unbundled 
    network elements at the premises of the local exchange carrier, 
    except that the carrier may provide for virtual collocation if the 
    local exchange carrier demonstrates to the State commission that 
    physical collocation is not practical for technical reasons or 
    because of space limitations.

(d) Implementation

                           (1) In general

        Within 6 months after February 8, 1996, the Commission shall 
    complete all actions necessary to establish regulations to implement 
    the requirements of this section.

                        (2) Access standards

        In determining what network elements should be made available 
    for purposes of subsection (c)(3) of this section, the Commission 
    shall consider, at a minimum, whether--
            (A) access to such network elements as are proprietary in 
        nature is necessary; and
            (B) the failure to provide access to such network elements 
        would impair the ability of the telecommunications carrier 
        seeking access to provide the services that it seeks to offer.

            (3) Preservation of State access regulations

        In prescribing and enforcing regulations to implement the 
    requirements of this section, the Commission shall not preclude the 
    enforcement of any regulation, order, or policy of a State 
    commission that--
            (A) establishes access and interconnection obligations of 
        local exchange carriers;
            (B) is consistent with the requirements of this section; and
            (C) does not substantially prevent implementation of the 
        requirements of this section and the purposes of this part.

(e) Numbering administration

              (1) Commission authority and jurisdiction

        The Commission shall create or designate one or more impartial 
    entities to administer telecommunications numbering and to make such 
    numbers available on an equitable basis. The Commission shall have 
    exclusive jurisdiction over those portions of the North American 
    Numbering Plan that pertain to the United States. Nothing in this 
    paragraph shall preclude the Commission from delegating to State 
    commissions or other entities all or any portion of such 
    jurisdiction.

                              (2) Costs

        The cost of establishing telecommunications numbering 
    administration arrangements and number portability shall be borne by 
    all telecommunications carriers on a competitively neutral basis as 
    determined by the Commission.

              (3) Universal emergency telephone number

        The Commission and any agency or entity to which the Commission 
    has delegated authority under this subsection shall designate 9-1-1 
    as the universal emergency telephone number within the United States 
    for reporting an emergency to appropriate authorities and requesting 
    assistance. The designation shall apply to both wireline and 
    wireless telephone service. In making the designation, the 
    Commission (and any such agency or entity) shall provide appropriate 
    transition periods for areas in which 9-1-1 is not in use as an 
    emergency telephone number on October 26, 1999.

(f) Exemptions, suspensions, and modifications

         (1) Exemption for certain rural telephone companies

        (A) Exemption

            Subsection (c) of this section shall not apply to a rural 
        telephone company until (i) such company has received a bona 
        fide request for interconnection, services, or network elements, 
        and (ii) the State commission determines (under subparagraph 
        (B)) that such request is not unduly economically burdensome, is 
        technically feasible, and is consistent with section 254 of this 
        title (other than subsections (b)(7) and (c)(1)(D) thereof).

        (B) State termination of exemption and implementation schedule

            The party making a bona fide request of a rural telephone 
        company for interconnection, services, or network elements shall 
        submit a notice of its request to the State commission. The 
        State commission shall conduct an inquiry for the purpose of 
        determining whether to terminate the exemption under 
        subparagraph (A). Within 120 days after the State commission 
        receives notice of the request, the State commission shall 
        terminate the exemption if the request is not unduly 
        economically burdensome, is technically feasible, and is 
        consistent with section 254 of this title (other than 
        subsections (b)(7) and (c)(1)(D) thereof). Upon termination of 
        the exemption, a State commission shall establish an 
        implementation schedule for compliance with the request that is 
        consistent in time and manner with Commission regulations.

        (C) Limitation on exemption

            The exemption provided by this paragraph shall not apply 
        with respect to a request under subsection (c) of this section 
        from a cable operator providing video programming, and seeking 
        to provide any telecommunications service, in the area in which 
        the rural telephone company provides video programming. The 
        limitation contained in this subparagraph shall not apply to a 
        rural telephone company that is providing video programming on 
        February 8, 1996.

        (2) Suspensions and modifications for rural carriers

        A local exchange carrier with fewer than 2 percent of the 
    Nation's subscriber lines installed in the aggregate nationwide may 
    petition a State commission for a suspension or modification of the 
    application of a requirement or requirements of subsection (b) or 
    (c) of this section to telephone exchange service facilities 
    specified in such petition. The State commission shall grant such 
    petition to the extent that, and for such duration as, the State 
    commission determines that such suspension or modification--
            (A) is necessary--
                (i) to avoid a significant adverse economic impact on 
            users of telecommunications services generally;
                (ii) to avoid imposing a requirement that is unduly 
            economically burdensome; or
                (iii) to avoid imposing a requirement that is 
            technically infeasible; and

            (B) is consistent with the public interest, convenience, and 
        necessity.

    The State commission shall act upon any petition filed under this 
    paragraph within 180 days after receiving such petition. Pending 
    such action, the State commission may suspend enforcement of the 
    requirement or requirements to which the petition applies with 
    respect to the petitioning carrier or carriers.

(g) Continued enforcement of exchange access and interconnection 
        requirements

    On and after February 8, 1996, each local exchange carrier, to the 
extent that it provides wireline services, shall provide exchange 
access, information access, and exchange services for such access to 
interexchange carriers and information service providers in accordance 
with the same equal access and nondiscriminatory interconnection 
restrictions and obligations (including receipt of compensation) that 
apply to such carrier on the date immediately preceding February 8, 
1996, under any court order, consent decree, or regulation, order, or 
policy of the Commission, until such restrictions and obligations are 
explicitly superseded by regulations prescribed by the Commission after 
February 8, 1996. During the period beginning on February 8, 1996, and 
until such restrictions and obligations are so superseded, such 
restrictions and obligations shall be enforceable in the same manner as 
regulations of the Commission.

(h) ``Incumbent local exchange carrier'' defined

                           (1) Definition

        For purposes of this section, the term ``incumbent local 
    exchange carrier'' means, with respect to an area, the local 
    exchange carrier that--
            (A) on February 8, 1996, provided telephone exchange service 
        in such area; and
            (B)(i) on February 8, 1996, was deemed to be a member of the 
        exchange carrier association pursuant to section 69.601(b) of 
        the Commission's regulations (47 C.F.R. 69.601(b)); or
            (ii) is a person or entity that, on or after February 8, 
        1996, became a successor or assign of a member described in 
        clause (i).

         (2) Treatment of comparable carriers as incumbents

        The Commission may, by rule, provide for the treatment of a 
    local exchange carrier (or class or category thereof) as an 
    incumbent local exchange carrier for purposes of this section if--
            (A) such carrier occupies a position in the market for 
        telephone exchange service within an area that is comparable to 
        the position occupied by a carrier described in paragraph (1);
            (B) such carrier has substantially replaced an incumbent 
        local exchange carrier described in paragraph (1); and
            (C) such treatment is consistent with the public interest, 
        convenience, and necessity and the purposes of this section.

(i) Savings provision

    Nothing in this section shall be construed to limit or otherwise 
affect the Commission's authority under section 201 of this title.

(June 19, 1934, ch. 652, title II, Sec. 251, as added Pub. L. 104-104, 
title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 61; amended Pub. L. 106-
81, Sec. 3(a), Oct. 26, 1999, 113 Stat. 1287.)


                               Amendments

    1999--Subsec. (e)(3). Pub. L. 106-81 added par. (3).

                  Section Referred to in Other Sections

    This section is referred to in sections 160, 224, 252, 253, 259, 
260, 271, 272, 275 of this title.
