§  51.223   Application of additional requirements.

   (a) A state may not impose the obligations set forth in section 251(c)
   of the Act on a LEC that is not classified as an incumbent LEC as
   defined in section 251(h)(1) of the Act, unless the Commission issues
   an order declaring that such LECs or classes or categories of LECs
   should be treated as incumbent LECs.

   (b) A state commission, or any other interested party, may request that
   the Commission issue an order declaring that a particular LEC be
   treated as an incumbent LEC, or that a class or category of LECs be
   treated as incumbent LECs, pursuant to section 251(h)(2) of the Act.

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