
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: 47USC259]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                     SUBCHAPTER II--COMMON CARRIERS
 
               Part II--Development of Competitive Markets
 
Sec. 259. Infrastructure sharing


(a) Regulations required

    The Commission shall prescribe, within one year after February 8, 
1996, regulations that require incumbent local exchange carriers (as 
defined in section 251(h) of this title) to make available to any 
qualifying carrier such public switched network infrastructure, 
technology, information, and telecommunications facilities and functions 
as may be requested by such qualifying carrier for the purpose of 
enabling such qualifying carrier to provide telecommunications services, 
or to provide access to information services, in the service area in 
which such qualifying carrier has requested and obtained designation as 
an eligible telecommunications carrier under section 214(e) of this 
title.

(b) Terms and conditions of regulations

    The regulations prescribed by the Commission pursuant to this 
section shall--
        (1) not require a local exchange carrier to which this section 
    applies to take any action that is economically unreasonable or that 
    is contrary to the public interest;
        (2) permit, but shall not require, the joint ownership or 
    operation of public switched network infrastructure and services by 
    or among such local exchange carrier and a qualifying carrier;
        (3) ensure that such local exchange carrier will not be treated 
    by the Commission or any State as a common carrier for hire or as 
    offering common carrier services with respect to any infrastructure, 
    technology, information, facilities, or functions made available to 
    a qualifying carrier in accordance with regulations issued pursuant 
    to this section;
        (4) ensure that such local exchange carrier makes such 
    infrastructure, technology, information, facilities, or functions 
    available to a qualifying carrier on just and reasonable terms and 
    conditions that permit such qualifying carrier to fully benefit from 
    the economies of scale and scope of such local exchange carrier, as 
    determined in accordance with guidelines prescribed by the 
    Commission in regulations issued pursuant to this section;
        (5) establish conditions that promote cooperation between local 
    exchange carriers to which this section applies and qualifying 
    carriers;
        (6) not require a local exchange carrier to which this section 
    applies to engage in any infrastructure sharing agreement for any 
    services or access which are to be provided or offered to consumers 
    by the qualifying carrier in such local exchange carrier's telephone 
    exchange area; and
        (7) require that such local exchange carrier file with the 
    Commission or State for public inspection, any tariffs, contracts, 
    or other arrangements showing the rates, terms, and conditions under 
    which such carrier is making available public switched network 
    infrastructure and functions under this section.

(c) Information concerning deployment of new services and equipment

    A local exchange carrier to which this section applies that has 
entered into an infrastructure sharing agreement under this section 
shall provide to each party to such agreement timely information on the 
planned deployment of telecommunications services and equipment, 
including any software or upgrades of software integral to the use or 
operation of such telecommunications equipment.

(d) ``Qualifying carrier'' defined

    For purposes of this section, the term ``qualifying carrier'' means 
a telecommunications carrier that--
        (1) lacks economies of scale or scope, as determined in 
    accordance with regulations prescribed by the Commission pursuant to 
    this section; and
        (2) offers telephone exchange service, exchange access, and any 
    other service that is included in universal service, to all 
    consumers without preference throughout the service area for which 
    such carrier has been designated as an eligible telecommunications 
    carrier under section 214(e) of this title.

(June 19, 1934, ch. 652, title II, Sec. 259, as added Pub. L. 104-104, 
title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 77.)
