[Federal Register Volume 65, Number 88 (Friday, May 5, 2000)]
[Notices]
[Page 26203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11238]


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FEDERAL COMMUNICATIONS COMMISSION

[CC Docket No. 96-237; FCC 00-140]


Implementation of Infrastructure Sharing Provisions in the 
Telecommunications Act of 1996

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Federal Communications Commission 
affirms in part and modifies in part its original Report and Order 
implementing section 259 of the Telecommunications Act of 1996 (``1996 
Act''). This action is taken to respond to Petitions for 
Reconsideration that were received by the Commission following release 
of its original Report and Order. By affirming and clarifying its 
original Report and Order, the Commission provides parties negotiating 
section 259 arrangements with a better understanding of their 
responsibilities.

FOR FURTHER INFORMATION CONTACT: Gregory Guice, Industry Analysis 
Division, Common Carrier Bureau, at (202) 418-0095.

SUPPLEMENTARY INFORMATION: This is a summary of the Order on 
Reconsideration released April 27, 2000 (FCC 00-140). The full text of 
the Order on Reconsideration is available for inspection and copying 
during normal business hours in the FCC Reference Center, Room CY-A257, 
445 12th Street, SW, Washington, DC 20554. The complete text also may 
be purchased from the Commission's copy contractor, International 
Transcription Service, Inc. (202) 857-3800, 1231 20th Street, NW, 
Washington, DC 20037. Additionally, the complete item is available on 
the Commission's website at http://www.fcc.gov/Bureaus/Common__Carrier/
Orders/2000>.

Synopsis of the Inquiry

    1. In the document summarized here, the Federal Communications 
Commission affirms in part and clarifies in part its original Report 
and Order implementing section 259 of the Telecommunications Act of 
1996 (``1996 Act''). In the 1996 Act, Congress moved to restructure the 
local telecommunications market by removing legal, regulatory, and 
economic impediments to competition that sustain a monopoly 
environment. As part of this restructuring, Congress adopted section 
259, which requires incumbent LECs to make available, under certain 
conditions, public switched network infrastructure and other 
capabilities to a carrier requesting access, or a ``qualifying 
carrier,'' that is providing telephone exchange service outside the 
incumbent LEC's area. On February 7, 1997, the Commission promulgated 
general rules and guidelines to define the obligations imposed by 
section 259. Implementation of Infrastructure Sharing Provisions in the 
Telecommunications Act of 1996, 62 FR 9704 (Mar. 4, 1997) 
(``Infrastructure Sharing Order''). Recognizing that a qualifying 
carrier may not use the facilities or functions of the incumbent LEC to 
compete in the incumbent's telephone exchange area, as is the case in 
other market opening provisions of the 1996 Act such as sections 251 
and 252, the Infrastructure Sharing Order adopted an approach that 
depends in large part on negotiations among the interested parties.
    2. Specifically in this Order on Reconsideration, the Commission 
affirms its decision to implement section 259 through a negotiation-
driven approach that relies on parties to reach mutually-satisfactory 
terms for infrastructure sharing. It further affirms its decision to 
not rely on definitions that are restrictively based on perceptions of 
present network requirements, and therefore, affirms that things which 
might be characterized as ``services'' by the incumbent LEC are not per 
se excluded from section 259 arrangements.
    3. The Commission modifies, however, the Infrastructure Sharing 
Order in the following manner. First, the Commission clarifies that 
because 259(b)(6) prevents qualifying carriers from using section 259-
requested infrastructure to compete with the providing incumbent LEC in 
its telephone exchange area, ``resale,'' as that term is used in 
conjunction with section 251 of the 1996 Act, is not permitted under 
section 259 arrangements. Second, the Commission clarifies that nothing 
in its rules would require an incumbent LEC to make available the 
intellectual property of third parties without necessary licensing or 
in violation of existing licensing agreements. Third, the Commission 
modifies the Infrastructure Sharing Order by placing the primary burden 
to obtain third-party intellectual property and licensing rights on the 
carrier requesting access to the incumbent LECs infrastructure. 
However, the Commission requires that incumbent LECs engage in good 
faith efforts, whenever requested, to help resolve intellectual 
property and licensing disputes between qualifying carriers and third-
party vendors.
    4. Finally, the Commission rejects a petition by MCI requesting the 
Commission exercise pricing authority and mandate particular prices for 
shared infrastructure obtained by qualifying carriers pursuant to 
section 259.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-11238 Filed 5-4-00; 8:45 am]
BILLING CODE 6712-01-P