§ 59.2   Terms and conditions of infrastructure sharing.

   (a) An incumbent local exchange carrier subject to the requirements of
   section 59.1 shall not be required to take any action that is economically
   unreasonable or that is contrary to the public interest.

   (b) An incumbent local exchange carrier subject to the requirements of
   section 59.1 may, but shall not be required to, enter into joint ownership
   or  operation  of  public switched network infrastructure, technology,
   information and telecommunications facilities and functions and services
   with a qualifying carrier as a method of fulfilling its obligations under
   section 59.1.

   (c) An incumbent local exchange carrier subject to the requirements of
   section 59.1 shall 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
   public  switched  network  infrastructure, technology, information, or
   telecommunications facilities, or functions made available to a qualifying
   carrier in accordance with regulations issued pursuant to this section.

   (d) An incumbent local exchange carrier subject to the requirements of
   section  59.1  shall make such public switched network infrastructure,
   technology, information, and telecommunications facilities, or functions
   available to a qualifying carrier on just and reasonable terms and pursuant
   to conditions that permit such qualifying carrier to fully benefit from the
   economies of scale and scope of such local exchange carrier. An incumbent
   local exchange carrier that has entered into an infrastructure sharing
   agreement  pursuant to section 59.1 must give notice to the qualifying
   carrier at least sixty days before terminating such infrastructure sharing
   agreement.

   (e) An incumbent local exchange carrier subject to the requirements of
   section 59.1 shall not be required 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.

   (f) An incumbent local exchange carrier subject to the requirements of
   section  59.1  shall file with the State, or, if the State has made no
   provision  to  accept  such  filings,  with the Commission, 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,   technology,   information   and
   telecommunications facilities and functions pursuant to this part.

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