47 USC 271 - Bell operating company entry into interLATA services

U.S Code last checked for updates: Nov 25, 2024

§ 271.

Bell operating company entry into interLATA services

(a)

General limitation

(b)

InterLATA services to which this section applies

(1)

In-region services

(2)

Out-of-region services

(3)

Incidental interLATA services

(4)

Termination

(c)

Requirements for providing certain in-region interLATA services

(1)

Agreement or statement

A Bell operating company meets the requirements of this paragraph if it meets the requirements of subparagraph (A) or subparagraph (B) of this paragraph for each State for which the authorization is sought.

(A)

Presence of a facilities-based competitor

(B)

Failure to request access

(2)

Specific interconnection requirements

(A)

Agreement required

A Bell operating company meets the requirements of this paragraph if, within the State for which the authorization is sought—

(i)

(I)

such company is providing access and interconnection pursuant to one or more agreements described in paragraph (1)(A), or

(II)

such company is generally offering access and interconnection pursuant to a statement described in paragraph (1)(B), and

(ii)

such access and interconnection meets the requirements of subparagraph (B) of this paragraph.

(B)

Competitive checklist

Access or interconnection provided or generally offered by a Bell operating company to other telecommunications carriers meets the requirements of this subparagraph if such access and interconnection includes each of the following:

(i)

Interconnection in accordance with the requirements of sections 251(c)(2) and 252(d)(1) of this title.

(ii)

Nondiscriminatory access to network elements in accordance with the requirements of sections 251(c)(3) and 252(d)(1) of this title.

(iii)

Nondiscriminatory access to the poles, ducts, conduits, and rights-of-way owned or controlled by the Bell operating company at just and reasonable rates in accordance with the requirements of section 224 of this title.

(iv)

Local loop transmission from the central office to the customer’s premises, unbundled from local switching or other services.

(v)

Local transport from the trunk side of a wireline local exchange carrier switch unbundled from switching or other services.

(vi)

Local switching unbundled from transport, local loop transmission, or other services.

(vii)

Nondiscriminatory access to—

(I)

911 and E911 services;

(II)

directory assistance services to allow the other carrier’s customers to obtain telephone numbers; and

(III)

operator call completion services.

(viii)

White pages directory listings for customers of the other carrier’s telephone exchange service.

(ix)

Until the date by which telecommunications numbering administration guidelines, plan, or rules are established, nondiscriminatory access to telephone numbers for assignment to the other carrier’s telephone exchange service customers. After that date, compliance with such guidelines, plan, or rules.

(x)

Nondiscriminatory access to databases and associated signaling necessary for call routing and completion.

(xi)

Until the date by which the Commission issues regulations pursuant to section 251 of this title to require number portability, interim telecommunications number portability through remote call forwarding, direct inward dialing trunks, or other comparable arrangements, with as little impairment of functioning, quality, reliability, and convenience as possible. After that date, full compliance with such regulations.

(xii)

Nondiscriminatory access to such services or information as are necessary to allow the requesting carrier to implement local dialing parity in accordance with the requirements of section 251(b)(3) of this title.

(xiii)

Reciprocal compensation arrangements in accordance with the requirements of section 252(d)(2) of this title.

(xiv)

Telecommunications services are available for resale in accordance with the requirements of sections 251(c)(4) and 252(d)(3) of this title.

(d)

Administrative provisions

(1)

Application to Commission

(2)

Consultation

(A)

Consultation with the Attorney General

(B)

Consultation with State commissions

(3)

Determination

Not later than 90 days after receiving an application under paragraph (1), the Commission shall issue a written determination approving or denying the authorization requested in the application for each State. The Commission shall not approve the authorization requested in an application submitted under paragraph (1) unless it finds that—

(A)

the petitioning Bell operating company has met the requirements of subsection (c)(1) and—

(i)

with respect to access and interconnection provided pursuant to subsection (c)(1)(A), has fully implemented the competitive checklist in subsection (c)(2)(B); or

(ii)

with respect to access and interconnection generally offered pursuant to a statement under subsection (c)(1)(B), such statement offers all of the items included in the competitive checklist in subsection (c)(2)(B);

(B)

the requested authorization will be carried out in accordance with the requirements of section 272 of this title; and

(C)

the requested authorization is consistent with the public interest, convenience, and necessity.

The Commission shall state the basis for its approval or denial of the application.

(4)

Limitation on Commission

(5)

Publication

(6)

Enforcement of conditions

(A)

Commission authority

If at any time after the approval of an application under paragraph (3), the Commission determines that a Bell operating company has ceased to meet any of the conditions required for such approval, the Commission may, after notice and opportunity for a hearing—

(i)

issue an order to such company to correct the deficiency;

(ii)

impose a penalty on such company pursuant to subchapter V; or

(iii)

suspend or revoke such approval.

(B)

Receipt and review of complaints

(e)

Limitations

(1)

Joint marketing of local and long distance services

(2)

IntraLATA toll dialing parity

(A)

Provision required

(B)

Limitation

(f)

Exception for previously authorized activities

(g)

“Incidental interLATA services” defined

For purposes of this section, the term “incidental interLATA services” means the interLATA provision by a Bell operating company or its affiliate—

(1)

(A)

of audio programming, video programming, or other programming services to subscribers to such services of such company or affiliate;

(B)

of the capability for interaction by such subscribers to select or respond to such audio programming, video programming, or other programming services;

(C)

to distributors of audio programming or video programming that such company or affiliate owns or controls, or is licensed by the copyright owner of such programming (or by an assignee of such owner) to distribute; or

(D)

of alarm monitoring services;

(2)

of two-way interactive video services or Internet services over dedicated facilities to or for elementary and secondary schools as defined in section 254(h)(5) ¹ of this title;

(3)

of commercial mobile services in accordance with section 332(c) of this title and with the regulations prescribed by the Commission pursuant to paragraph (8) of such section;

(4)

of a service that permits a customer that is located in one LATA to retrieve stored information from, or file information for storage in, information storage facilities of such company that are located in another LATA;

(5)

of signaling information used in connection with the provision of telephone exchange services or exchange access by a local exchange carrier; or

(6)

of network control signaling information to, and receipt of such signaling information from, common carriers offering interLATA services at any location within the area in which such Bell operating company provides telephone exchange services or exchange access.

(h)

Limitations

(i)

Additional definitions

As used in this section—

(1)

In-region State

(2)

Audio programming services

(3)

Video programming services; other programming services

(j)

Certain service applications treated as in-region service applications

For purposes of this section, a Bell operating company application to provide 800 service, private line service, or their equivalents that—

(1)

terminate in an in-region State of that Bell operating company, and

(2)

allow the called party to determine the interLATA carrier,

shall be considered an in-region service subject to the requirements of subsection (b)(1).

(June 19, 1934, ch. 652, title II, § 271, as added Pub. L. 104–104, title I, § 151(a), Feb. 8, 1996, 110 Stat. 86.)

cite as: 47 USC 271