47 U.S.C. § 259 : US Code - Section 259: Infrastructure sharing

Search 47 U.S.C. § 259 : US Code - Section 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.