Sec.  51.309   Use of unbundled network elements.

   (a)  Except  as provided in  Sec. 51.318, an incumbent LEC shall not impose
   limitations, restrictions, or requirements on requests for, or the use of,
   unbundled network elements for the service a requesting telecommunications
   carrier seeks to offer.

   (b) A requesting telecommunications carrier may not access an unbundled
   network element for the exclusive provision of mobile wireless services or
   interexchange services.

   (c) A telecommunications carrier purchasing access to an unbundled network
   facility is entitled to exclusive use of that facility for a period of time,
   or  when  purchasing access to a feature, function, or capability of a
   facility, a telecommunications carrier is entitled to use of that feature,
   function, or capability for a period of time. A telecommunications carrier's
   purchase of access to an unbundled network element does not relieve the
   incumbent LEC of the duty to maintain, repair, or replace the unbundled
   network element.

   (d)  A requesting telecommunications carrier that accesses and uses an
   unbundled network element consistent with paragraph (b) of this section may
   provide any telecommunications services over the same unbundled network
   element.

   (e)  Except  as  provided  in  Sec. 51.318, an incumbent LEC shall permit a
   requesting telecommunications carrier to commingle an unbundled network
   element  or a combination of unbundled network elements with wholesale
   services obtained from an incumbent LEC.

   (f) Upon request, an incumbent LEC shall perform the functions necessary to
   commingle an unbundled network element or a combination of unbundled network
   elements  with  one  or  more facilities or services that a requesting
   telecommunications carrier has obtained at wholesale from an incumbent LEC.

   (g) An incumbent LEC shall not deny access to an unbundled network element
   or a combination of unbundled network elements on the grounds that one or
   more of the elements:

   (1) Is connected to, attached to, linked to, or combined with, a facility or
   service obtained from an incumbent LEC; or

   (2) Shares part of the incumbent LEC's network with access services or
   inputs for mobile wireless services and/or interexchange services.

   [ 61 FR 45619 , Aug. 29, 1996, as amended at  68 FR 52294 , Sept. 2, 2003;  70 FR 8952 , Feb. 24, 2005]