§259 Infrastructure Sharing

Summary

The FCC must make rules within one year after February 8, 1996 that require incumbent local phone companies (as defined in section 251(h)) to share their public switched network hardware, technology, information, and telecom facilities with any qualifying carrier when that carrier asks. The sharing is to help the qualifying carrier provide telephone or information services in the area where it has been named an eligible telecommunications carrier under section 214(e). The rules must not force phone companies to do things that are economically unreasonable or against the public interest. The rules may allow, but do not require, joint ownership or operation of shared infrastructure. Sharing must not make the phone company a common carrier for hire. Access must be on fair terms that let the qualifying carrier gain the same scale and scope benefits, under FCC guidelines. The rules must promote cooperation, do not force sharing for services the qualifying carrier will sell to consumers inside the phone company’s exchange area, and require public filing of any rates, contracts, or terms. Parties to a sharing deal must get timely information about planned service and equipment deployments, including software and upgrades. A qualifying carrier is one that (1) lacks economies of scale or scope as defined by FCC rules under this section, and (2) offers telephone exchange service, exchange access, and other universal-service services to all consumers without preference across the area where it is designated an eligible telecommunications carrier.