§  51.217   Nondiscriminatory access: Telephone numbers, operator services,
directory assistance services, and directory listings.

   (a) Definitions. As used in this section, the following definitions
   apply:

   (1) Competing provider. A “competing provider” is a provider of
   telephone exchange or telephone toll services that seeks
   nondiscriminatory access from a local exchange carrier (LEC) in that
   LEC's service area.

   (2) Nondiscriminatory access. “Nondiscriminatory access” refers to
   access to telephone numbers, operator services, directory assistance
   and directory listings that is at least equal to the access that the
   providing local exchange carrier (LEC) itself receives.
   Nondiscriminatory access includes, but is not limited to:

   (i) Nondiscrimination between and among carriers in the rates, terms,
   and conditions of the access provided; and

   (ii) The ability of the competing provider to obtain access that is at
   least equal in quality to that of the providing LEC.

   (3) Providing local exchange carrier (LEC). A “providing local exchange
   carrier” is a local exchange carrier (LEC) that is required to permit
   nondiscriminatory access to a competing provider.

   (b) General rule. A local exchange carrier (LEC) that provides operator
   services, directory assistance services or directory listings to its
   customers, or provides telephone numbers, shall permit competing
   providers of telephone exchange service or telephone toll service to
   have nondiscriminatory access to that service or feature, with no
   unreasonable dialing delays.

   (c) Specific requirements. A LEC subject to paragraph (b) of this
   section must also comply with the following requirements:

   (1) Telephone numbers. A LEC shall permit competing providers to have
   access to telephone numbers that is identical to the access that the
   LEC provides to itself.

   (2) Operator services. A LEC must permit telephone service customers to
   connect to the operator services offered by that customer's chosen
   local service provider by dialing “0,” or “0” plus the desired
   telephone number, regardless of the identity of the customer's local
   telephone service provider.

   (3) Directory assistance services and directory listings —(i) Access to
   directory assistance. A LEC shall permit competing providers to have
   access to its directory assistance services, including directory
   assistance databases, so that any customer of a competing provider can
   obtain directory listings, except as provided in paragraph (c)(3)(iv)
   of this section, on a nondiscriminatory basis, notwithstanding the
   identity of the customer's local service provider, or the identity of
   the provider for the customer whose listing is requested. A LEC must
   supply access to directory assistance in the manner specified by the
   competing provider, including transfer of the LECs' directory
   assistance databases in readily accessible magnetic tape, electronic or
   other convenient format, as provided in paragraph (c)(3)(iii) of this
   section. Updates to the directory assistance database shall be made in
   the same format as the initial transfer (unless the requesting LEC
   requests otherwise), and shall be performed in a timely manner, taking
   no longer than those made to the providing LEC's own database. A LEC
   shall accept the listings of those customers served by competing
   providers for inclusion in its directory assistance/operator services
   databases.

   (ii) Access to directory listings. A LEC that compiles directory
   listings shall share directory listings with competing providers in the
   manner specified by the competing provider, including readily
   accessible tape or electronic formats, as provided in paragraph
   (c)(3)(iii) of this section. Such data shall be provided in a timely
   fashion.

   (iii) Format. A LEC shall provide access to its directory assistance
   services, including directory assistance databases, and to its
   directory listings in any format the competing provider specifies, if
   the LEC's internal systems can accommodate that format.

   (A) If a LEC's internal systems do not permit it provide directory
   assistance or directory listings in the format the specified by the
   competing provider, the LEC shall:

   ( 1 ) Within thirty days of receiving the request, inform the competing
   provider that the requested format cannot be accommodated and tell the
   requesting provider which formats can be accommodated; and

   ( 2 ) Provide the requested directory assistance or directory listings
   in the format the competing provider chooses from among the available
   formats.

   (B) [Reserved]

   (iv) Unlisted numbers. A LEC shall not provide access to unlisted
   telephone numbers, or other information that its customer has asked the
   LEC not to make available, with the exception of customer name and
   address. The LEC shall ensure that access is permitted to the same
   directory information, including customer name and address, that is
   available to its own directory assistance customers.

   (v) Adjuncts to services. Operator services and directory assistance
   services must be made available to competing providers in their
   entirety, including access to any adjunct features (e.g., rating tables
   or customer information databases) necessary to allow competing
   providers full use of these services.

   (d) Branding of operator services and directory assistance services.
   The refusal of a providing local exchange carrier (LEC) to comply with
   the reasonable request of a competing provider that the providing LEC
   rebrand its operator services and directory assistance, or remove its
   brand from such services, creates a presumption that the providing LEC
   is unlawfully restricting access to its operator services and directory
   assistance. The providing LEC can rebut this presumption by
   demonstrating that it lacks the capability to comply with the competing
   provider's request.

   (e) Disputes —(1) Disputes involving nondiscriminatory access. In
   disputes involving nondiscriminatory access to operator services,
   directory assistance services, or directory listings, a providing LEC
   shall bear the burden of demonstrating with specificity:

   (i) That it is permitting nondiscriminatory access, and

   (ii) That any disparity in access is not caused by factors within its
   control. “Factors within its control” include, but are not limited to,
   physical facilities, staffing, the ordering of supplies or equipment,
   and maintenance.

   (2) Disputes involving unreasonable dialing delay. In disputes between
   providing local exchange carriers (LECs) and competing providers
   involving unreasonable dialing delay in the provision of access to
   operator services and directory assistance, the burden of proof is on
   the providing LEC to demonstrate with specificity that it is processing
   the calls of the competing provider's customers on terms equal to that
   of similar calls from the providing LEC's own customers.

   [ 61 FR 47350 , Sept. 6, 1996, as amended at  64 FR 51911 , Sept. 27, 1999]

   Effective Date Note: At  64 FR 51911 , Sept. 27, 1999, §  51.217 was
   amended by revising paragraph (c)(3). This paragraph contains
   information collection and recordkeeping requirements and will not
   become effective until approval has been given by the Office of
   Management and Budget.

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