§259 Infrastructure sharing

Summary

The FCC must, within one year after February 8, 1996, write rules that require incumbent local phone companies to let certain smaller carriers use parts of the public phone network, the equipment, technology, data, and related functions they need. This access is so the smaller carrier can offer phone service or access to information services where it has been named an eligible carrier. The rules must not force the big carrier to do things that are economically unreasonable or against the public interest. The rules can allow but not force joint ownership. The shared parts won’t make the big carrier a “common carrier for hire” for those items. Access must be on fair and reasonable terms that let the smaller carrier get the same scale and range benefits, by FCC guidelines. Rules should promote cooperation, let the big carrier refuse sharing for services the smaller carrier will sell inside the big carrier’s exchange, and require public filing of rates and contracts. Any party to a sharing deal must get timely plans about new services, equipment, and software updates. A “qualifying carrier” is one that (1) lacks economies of scale or scope under FCC rules, and (2) offers telephone exchange service, exchange access, and other universal-service offerings to all customers without preference throughout the area where it is designated an eligible carrier.