§ 51.307   Duty to provide access on an unbundled basis to network elements.

   (a) An incumbent LEC shall provide, to a requesting telecommunications
   carrier for the provision of a telecommunications service, nondiscriminatory
   access to network elements on an unbundled basis at any technically feasible
   point   on  terms  and  conditions  that  are  just,  reasonable,  and
   nondiscriminatory  in  accordance with the terms and conditions of any
   agreement, the requirements of sections 251 and 252 of the Act, and the
   Commission's rules.

   (b) The duty to provide access to unbundled network elements pursuant to
   section 251(c)(3) of the Act includes a duty to provide a connection to an
   unbundled network element independent of any duty to provide interconnection
   pursuant to this part and section 251(c)(2) of the Act.

   (c) An incumbent LEC shall provide a requesting telecommunications carrier
   access to an unbundled network element, along with all of the unbundled
   network element's features, functions, and capabilities, in a manner that
   allows  the  requesting  telecommunications  carrier  to  provide  any
   telecommunications service that can be offered by means of that network
   element.

   (d) An incumbent LEC shall provide a requesting telecommunications carrier
   access to the facility or functionality of a requested network element
   separate from access to the facility or functionality of other network
   elements, for a separate charge.

   (e)  An incumbent LEC shall provide to a requesting telecommunications
   carrier technical information about the incumbent LEC's network facilities
   sufficient to allow the requesting carrier to achieve access to unbundled
   network elements consistent with the requirements of this section.

   [ 61 FR 45619 , Aug. 29, 1996, as amended at  61 FR 47351 , Sept. 6, 1996]

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