47 U.S.C. § 259 — Infrastructure sharing

submitted 92 years ago by Pub. L. 104-104 to r/title-47-TELECOMMUNICATIONS · 553 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FCC must write rules making big phone companies share their network infrastructure with smaller "qualifying carriers." These rules must be fair to both sides and cannot force unreasonable sharing. Companies must file their sharing terms publicly and tell partners about upcoming technology changes.

(a) Regulations required. Within one year after February 8, 1996, the Commission had to write regulations requiring incumbent local exchange carriers to give any qualifying carrier the public network infrastructure, technology, information, facilities, and functions that carrier requests, so it can offer telecommunications or information services in the area where it has been designated an eligible telecommunications carrier under section 214(e). (b) Terms and conditions of regulations. The Commission's regulations must: (1) never force a carrier to take an action that is economically unreasonable or against the public interest; (2) allow, but not require, joint ownership or operation of network infrastructure between the carrier and a qualifying carrier; (3) make sure the carrier isn't treated as a common carrier just because it shares infrastructure under these rules; (4) make sure the carrier shares its infrastructure on just and reasonable terms that let the qualifying carrier fully share in the carrier's economies of scale, under Commission guidelines; (5) set conditions that encourage cooperation between the two kinds of carriers; (6) never force a carrier into a sharing agreement for services the qualifying carrier will offer directly to consumers in the carrier's own service area; and (7) require the carrier to file its sharing tariffs, contracts, or other arrangements publicly with the Commission or the state. (c) Information concerning deployment of new services and equipment. A carrier that has signed a sharing agreement must give its partners timely notice about planned rollouts of new telecommunications services and equipment, including software or software upgrades tied to that equipment. (d) "Qualifying carrier" defined. A "qualifying carrier" is a telecommunications carrier that (1) lacks the Commission-defined economies of scale or scope, and (2) offers phone exchange service, exchange access, and other universal-service offerings to every consumer without preference, across the whole area where it holds eligible telecommunications carrier status.

the actual law source: uscode.house.gov ↗public domain

(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.

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.

Source credit: (June 19, 1934, ch. 652, title II, § 259, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 77.)

history & why it existsrecord from the source credit

1934Enacted · Pub. L. 104-104 · 110 Stat. 77

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-104 on 1934-06-19.

all 0 arguments · sorted by: best

no arguments yet — make the first case