§  51.405   Burden of proof.

   (a) Upon receipt of a bona fide request for interconnection, services,
   or access to unbundled network elements, a rural telephone company must
   prove to the state commission that the rural telephone company should
   be entitled, pursuant to section 251(f)(1) of the Act, to continued
   exemption from the requirements of section 251(c) of the Act.

   (b) A LEC with fewer than two percent of the nation's subscriber lines
   installed in the aggregate nationwide must prove to the state
   commission, pursuant to section 251(f)(2) of the Act, that it is
   entitled to a suspension or modification of the application of a
   requirement or requirements of section 251(b) or 251(c) of the Act.

   (c) In order to justify continued exemption under section 251(f)(1) of
   the Act once a bona fide request has been made, an incumbent LEC must
   offer evidence that the application of the requirements of section
   251(c) of the Act would be likely to cause undue economic burden beyond
   the economic burden that is typically associated with efficient
   competitive entry.

   (d) In order to justify a suspension or modification under section
   251(f)(2) of the Act, a LEC must offer evidence that the application of
   section 251(b) or section 251(c) of the Act would be likely to cause
   undue economic burden beyond the economic burden that is typically
   associated with efficient competitive entry.

   

Subpart F—Pricing of Elements