Sec. 51.217  Nondiscriminatory access: Telephone numbers, operator 
          services, directory assistance services, and directory 
          listings.

    (a) Definitions. As used in this section, the following definitions 
apply:
    (1) Competing provider. A ``competing provider'' is a provider of 
telephone exchange or telephone toll services that seeks 
nondiscriminatory access from a local exchange carrier (LEC) in that 
LEC's service area.
    (2) Nondiscriminatory access. ``Nondiscriminatory access'' refers to 
access to telephone numbers, operator services, directory assistance and 
directory listings that is at least equal to the access that the 
providing local exchange carrier (LEC) itself receives. 
Nondiscriminatory access includes, but is not limited to:
    (i) Nondiscrimination between and among carriers in the rates, 
terms, and conditions of the access provided; and
    (ii) The ability of the competing provider to obtain access that is 
at least equal in quality to that of the providing LEC.
    (3) Providing local exchange carrier (LEC). A ``providing local 
exchange carrier'' is a local exchange carrier (LEC) that is required to 
permit nondiscriminatory access to a competing provider.
    (b) General rule. A local exchange carrier (LEC) that provides 
operator services, directory assistance services or directory listings 
to its customers, or provides telephone numbers, shall permit competing 
providers of telephone exchange service or telephone toll service to 
have nondiscriminatory access to that service or feature, with no 
unreasonable dialing delays.
    (c) Specific requirements. A LEC subject to paragraph (b) of this 
section must also comply with the following requirements:
    (1) Telephone numbers. A LEC shall permit competing providers to 
have access to telephone numbers that is identical to the access that 
the LEC provides to itself.
    (2) Operator services. A LEC must permit telephone service customers 
to connect to the operator services offered by that customer's chosen 
local service provider by dialing ``0,'' or ``0'' plus the desired 
telephone number, regardless of the identity of the customer's local 
telephone service provider.
    (3) Directory assistance services and directory listings.--(i) 
Access to directory assistance. A LEC shall permit competing providers 
to have access to its directory assistance services so that any customer 
of a competing provider can obtain directory listings, except as 
provided in paragraph (c)(3)(iii) of this section, on a 
nondiscriminatory basis, notwithstanding the identity of the customer's 
local service provider, or the identity of the provider for the customer 
whose listing is requested.
    (ii) Access to directory listings. A LEC shall provide directory 
listings to competing providers in readily accessible magnetic tape or 
electronic formats in a timely fashion upon request. A LEC also must 
permit competing providers to have access to and read the information in 
the LEC's directory assistance databases.
    (iii) Unlisted numbers. A LEC shall not provide access to unlisted 
telephone numbers, or other information that its customer has asked the 
LEC not to make available. The LEC shall ensure that access is permitted 
only to the same directory information that is available to its own 
directory assistance customers.
    (iv) Adjuncts to services. Operator services and directory 
assistance services must be made available to competing providers in 
their entirety, including access to any adjunct features (e.g., rating 
tables or customer information databases) necessary to allow competing 
providers full use of these services.
    (d) Branding of operator services and directory assistance services. 
The refusal of a providing local exchange carrier (LEC) to comply with 
the reasonable request of a competing provider that the providing LEC 
rebrand its operator

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services and directory assistance, or remove its brand from such 
services, creates a presumption that the providing LEC is unlawfully 
restricting access to its operator services and directory assistance. 
The providing LEC can rebut this presumption by demonstrating that it 
lacks the capability to comply with the competing provider's request.
    (e) Disputes.--(1) Disputes involving nondiscriminatory access. In 
disputes involving nondiscriminatory access to operator services, 
directory assistance services, or directory listings, a providing LEC 
shall bear the burden of demonstrating with specificity:
    (i) That it is permitting nondiscriminatory access, and
    (ii) That any disparity in access is not caused by factors within 
its control. ``Factors within its control'' include, but are not limited 
to, physical facilities, staffing, the ordering of supplies or 
equipment, and maintenance.
    (2) Disputes involving unreasonable dialing delay. In disputes 
between providing local exchange carriers (LECs) and competing providers 
involving unreasonable dialing delay in the provision of access to 
operator services and directory assistance, the burden of proof is on 
the providing LEC to demonstrate with specificity that it is processing 
the calls of the competing provider's customers on terms equal to that 
of similar calls from the providing LEC's own customers.

[ 61 FR 47350 , Sept. 6, 1996]