47 U.S.C. § 251 — Interconnection

Page 93 TITLE 47—TELECOMMUNICATIONS § 251 material that is harmful to minors through parental control protections and self-regulation, such efforts have not provided a national solution to the problem of minors accessing harmful material on the World Wide Web; ‘‘(4) a prohibition on the distribution of material harmful to minors, combined with legitimate de- fenses, is currently the most effective and least re- strictive means by which to satisfy the compelling government interest; and ‘‘(5) notwithstanding the existence of protections that limit the distribution over the World Wide Web of material that is harmful to minors, parents, edu- cators, and industry must continue efforts to find ways to protect children from being exposed to harm- ful material found on the Internet.’’ STUDY BY COMMISSION ON ONLINE CHILD PROTECTION Pub. L. 105–277, div. C, title XIV, § 1405, Oct. 21, 1998, 112 Stat. 2681–739, as amended by Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5001(b)–(f), Nov. 29, 1999, 113 Stat. 1536, 1501A–591, 1501A–592; Pub. L. 106–229, title IV, § 401, June 30, 2000, 114 Stat. 476, established a Commission to study methods to reduce access by minors to harmful material on the Internet and provided that the Com- mission would terminate 30 days after submitting a re- port to Congress or Nov. 30, 2000, whichever occured earlier. PART II—DEVELOPMENT OF COMPETITIVE MARKETS § 251. Interconnection (a) General duty of telecommunications carriers Each telecommunications carrier has the duty— (1) to interconnect directly or indirectly with the facilities and equipment of other telecommunications carriers; and (2) not to install network features, func- tions, or capabilities that do not comply with the guidelines and standards established pur- suant to section 255 or 256 of this title. (b) Obligations of all local exchange carriers Each local exchange carrier has the following duties: (1) Resale The duty not to prohibit, and not to impose unreasonable or discriminatory conditions or limitations on, the resale of its telecommuni- cations services. (2) Number portability The duty to provide, to the extent tech- nically feasible, number portability in accord- ance with requirements prescribed by the Commission. (3) Dialing parity The duty to provide dialing parity to com- peting providers of telephone exchange service and telephone toll service, and the duty to permit all such providers to have nondiscrim- inatory access to telephone numbers, operator services, directory assistance, and directory listing, with no unreasonable dialing delays. (4) Access to rights-of-way The duty to afford access to the poles, ducts, conduits, and rights-of-way of such carrier to competing providers of telecommunications services on rates, terms, and conditions that are consistent with section 224 of this title. (5) Reciprocal compensation The duty to establish reciprocal compensa- tion arrangements for the transport and ter- mination of telecommunications. (c) Additional obligations of incumbent local ex- change carriers In addition to the duties contained in sub- section (b), each incumbent local exchange car- rier has the following duties: (1) Duty to negotiate The duty to negotiate in good faith in ac- cordance with section 252 of this title the par- ticular terms and conditions of agreements to fulfill the duties described in paragraphs (1) through (5) of subsection (b) and this sub- section. The requesting telecommunications carrier also has the duty to negotiate in good faith the terms and conditions of such agree- ments. (2) Interconnection The duty to provide, for the facilities and equipment of any requesting telecommuni- cations carrier, interconnection with the local exchange carrier’s network— (A) for the transmission and routing of telephone exchange service and exchange ac- cess; (B) at any technically feasible point with- in the carrier’s network; (C) that is at least equal in quality to that provided by the local exchange carrier to itself or to any subsidiary, affiliate, or any other party to which the carrier provides interconnection; and (D) on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, in accordance with the terms and conditions of the agreement and the requirements of this section and section 252 of this title. (3) Unbundled access The duty to provide, to any requesting tele- communications carrier for the provision of a telecommunications service, nondiscrim- inatory access to network elements on an unbundled basis at any technically feasible point on rates, terms, and conditions that are just, reasonable, and nondiscriminatory in ac- cordance with the terms and conditions of the agreement and the requirements of this sec- tion and section 252 of this title. An incum- bent local exchange carrier shall provide such unbundled network elements in a manner that allows requesting carriers to combine such elements in order to provide such tele- communications service. (4) Resale The duty— (A) to offer for resale at wholesale rates any telecommunications service that the carrier provides at retail to subscribers who are not telecommunications carriers; and (B) not to prohibit, and not to impose un- reasonable or discriminatory conditions or limitations on, the resale of such tele- communications service, except that a State commission may, consistent with regula- tions prescribed by the Commission under Page 94 TITLE 47—TELECOMMUNICATIONS § 251 this section, prohibit a reseller that obtains at wholesale rates a telecommunications service that is available at retail only to a category of subscribers from offering such service to a different category of sub- scribers. (5) Notice of changes The duty to provide reasonable public notice of changes in the information necessary for the transmission and routing of services using that local exchange carrier’s facilities or net- works, as well as of any other changes that would affect the interoperability of those fa- cilities and networks. (6) Collocation The duty to provide, on rates, terms, and conditions that are just, reasonable, and non- discriminatory, for physical collocation of equipment necessary for interconnection or access to unbundled network elements at the premises of the local exchange carrier, except that the carrier may provide for virtual col- location if the local exchange carrier dem- onstrates to the State commission that phys- ical collocation is not practical for technical reasons or because of space limitations. (d) Implementation (1) In general Within 6 months after February 8, 1996, the Commission shall complete all actions nec- essary to establish regulations to implement the requirements of this section. (2) Access standards In determining what network elements should be made available for purposes of sub- section (c)(3), the Commission shall consider, at a minimum, whether— (A) access to such network elements as are proprietary in nature is necessary; and (B) the failure to provide access to such network elements would impair the ability of the telecommunications carrier seeking access to provide the services that it seeks to offer. (3) Preservation of State access regulations In prescribing and enforcing regulations to implement the requirements of this section, the Commission shall not preclude the en- forcement of any regulation, order, or policy of a State commission that— (A) establishes access and interconnection obligations of local exchange carriers; (B) is consistent with the requirements of this section; and (C) does not substantially prevent imple- mentation of the requirements of this sec- tion and the purposes of this part. (e) Numbering administration (1) Commission authority and jurisdiction The Commission shall create or designate one or more impartial entities to administer telecommunications numbering and to make such numbers available on an equitable basis. The Commission shall have exclusive jurisdic- tion over those portions of the North Amer- ican Numbering Plan that pertain to the United States. Nothing in this paragraph shall preclude the Commission from delegating to State commissions or other entities all or any portion of such jurisdiction. (2) Costs The cost of establishing telecommunications numbering administration arrangements and number portability shall be borne by all tele- communications carriers on a competitively neutral basis as determined by the Commis- sion. (3) Universal emergency telephone number The Commission and any agency or entity to which the Commission has delegated author- ity under this subsection shall designate 9–1–1 as the universal emergency telephone number within the United States for reporting an emergency to appropriate authorities and re- questing assistance. The designation shall apply to both wireline and wireless telephone service. In making the designation, the Com- mission (and any such agency or entity) shall provide appropriate transition periods for areas in which 9–1–1 is not in use as an emer- gency telephone number on October 26, 1999. (4) Universal telephone number for national suicide prevention and mental health crisis hotline system 9–8–8 is designated as the universal tele- phone number within the United States for the purpose of the national suicide prevention and mental health crisis hotline system operating through the National Suicide Prevention Life- line maintained by the Assistant Secretary for Mental Health and Substance Use under sec- tion 520E–3 of the Public Health Service Act (42 U.S.C. 290bb–36c) and through the Veterans Crisis Line maintained by the Secretary of Veterans Affairs under section 1720F(h) of title 38. (f) Exemptions, suspensions, and modifications (1) Exemption for certain rural telephone com- panies (A) Exemption Subsection (c) of this section shall not apply to a rural telephone company until (i) such company has received a bona fide re- quest for interconnection, services, or net- work elements, and (ii) the State commis- sion determines (under subparagraph (B)) that such request is not unduly economi- cally burdensome, is technically feasible, and is consistent with section 254 of this title (other than subsections (b)(7) and (c)(1)(D) thereof). (B) State termination of exemption and im- plementation schedule The party making a bona fide request of a rural telephone company for interconnec- tion, services, or network elements shall submit a notice of its request to the State commission. The State commission shall conduct an inquiry for the purpose of deter- mining whether to terminate the exemption under subparagraph (A). Within 120 days after the State commission receives notice of the request, the State commission shall Page 95 TITLE 47—TELECOMMUNICATIONS § 251 terminate the exemption if the request is not unduly economically burdensome, is technically feasible, and is consistent with section 254 of this title (other than sub- sections (b)(7) and (c)(1)(D) thereof). Upon termination of the exemption, a State com- mission shall establish an implementation schedule for compliance with the request that is consistent in time and manner with Commission regulations. (C) Limitation on exemption The exemption provided by this paragraph shall not apply with respect to a request under subsection (c) from a cable operator providing video programming, and seeking to provide any telecommunications service, in the area in which the rural telephone company provides video programming. The limitation contained in this subparagraph shall not apply to a rural telephone company that is providing video programming on Feb- ruary 8, 1996. (2) Suspensions and modifications for rural carriers A local exchange carrier with fewer than 2 percent of the Nation’s subscriber lines in- stalled in the aggregate nationwide may peti- tion a State commission for a suspension or modification of the application of a require- ment or requirements of subsection (b) or (c) to telephone exchange service facilities speci- fied in such petition. The State commission shall grant such petition to the extent that, and for such duration as, the State commis- sion determines that such suspension or modi- fication— (A) is necessary— (i) to avoid a significant adverse eco- nomic impact on users of telecommuni- cations services generally; (ii) to avoid imposing a requirement that is unduly economically burdensome; or (iii) to avoid imposing a requirement that is technically infeasible; and (B) is consistent with the public interest, convenience, and necessity. The State commission shall act upon any peti- tion filed under this paragraph within 180 days after receiving such petition. Pending such ac- tion, the State commission may suspend en- forcement of the requirement or requirements to which the petition applies with respect to the petitioning carrier or carriers. (g) Continued enforcement of exchange access and interconnection requirements On and after February 8, 1996, each local ex- change carrier, to the extent that it provides wireline services, shall provide exchange access, information access, and exchange services for such access to interexchange carriers and infor- mation service providers in accordance with the same equal access and nondiscriminatory inter- connection restrictions and obligations (includ- ing receipt of compensation) that apply to such carrier on the date immediately preceding Feb- ruary 8, 1996, under any court order, consent de- cree, or regulation, order, or policy of the Com- mission, until such restrictions and obligations are explicitly superseded by regulations pre- scribed by the Commission after February 8, 1996. During the period beginning on February 8, 1996, and until such restrictions and obligations are so superseded, such restrictions and obliga- tions shall be enforceable in the same manner as regulations of the Commission. (h) ‘‘Incumbent local exchange carrier’’ defined (1) Definition For purposes of this section, the term ‘‘in- cumbent local exchange carrier’’ means, with respect to an area, the local exchange carrier that— (A) on February 8, 1996, provided telephone exchange service in such area; and (B)(i) on February 8, 1996, was deemed to be a member of the exchange carrier associa- tion pursuant to section 69.601(b) of the Com- mission’s regulations (47 C.F.R. 69.601(b)); or (ii) is a person or entity that, on or after February 8, 1996, became a successor or as- sign of a member described in clause (i). (2) Treatment of comparable carriers as incum- bents The Commission may, by rule, provide for the treatment of a local exchange carrier (or class or category thereof) as an incumbent local exchange carrier for purposes of this sec- tion if— (A) such carrier occupies a position in the market for telephone exchange service with- in an area that is comparable to the position occupied by a carrier described in paragraph (1); (B) such carrier has substantially replaced an incumbent local exchange carrier de- scribed in paragraph (1); and (C) such treatment is consistent with the public interest, convenience, and necessity and the purposes of this section. (i) Savings provision Nothing in this section shall be construed to limit or otherwise affect the Commission’s au- thority under section 201 of this title. (June 19, 1934, ch. 652, title II, § 251, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 61; amended Pub. L. 106–81, § 3(a), Oct. 26, 1999, 113 Stat. 1287; Pub. L. 116–172, § 3(a), Oct. 17, 2020, 134 Stat. 832.) Editorial Notes AMENDMENTS 2020—Subsec. (e)(4). Pub. L. 116–172 added par. (4). 1999—Subsec. (e)(3). Pub. L. 106–81 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–172, § 3(b), Oct. 17, 2020, 134 Stat. 833, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the date that is 1 year after the date of enactment of this Act [Oct. 17, 2020].’’ FINDINGS Pub. L. 116–172, § 2, Oct. 17, 2020, 134 Stat. 832, provided that: ‘‘Congress finds the following: ‘‘(1) According to the American Foundation for Sui- cide Prevention, on average, there are 129 suicides per day in the United States. Page 96 TITLE 47—TELECOMMUNICATIONS § 251a 1 So in original. ‘‘(2) To prevent future suicides, it is critical to transition the cumbersome, existing 10-digit National Suicide Hotline to a universal, easy-to-remember, 3- digit phone number and connect people in crisis with life-saving resources. ‘‘(3) It is essential that people in the United States have access to a 3-digit national suicide hotline across all geographic locations. ‘‘(4) The designated suicide hotline number will need to be both familiar and recognizable to all peo- ple in the United States.’’ § 251a. State authority over fees (a) Authority (1) In general Nothing in this Act, any amendment made by this Act, the Communications Act of 1934 (47 U.S.C. 151 et seq.), or any Commission regu- lation or order may prevent the imposition and collection of a fee or charge applicable to a commercial mobile service or an IP-enabled voice service specifically designated by a State, a political subdivision of a State, an In- dian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for 9–8–8 related services, if the fee or charge is held in a sequestered ac- count to be obligated or expended only in sup- port of 9–8–8 services, or enhancements of such services, as specified in the provision of State or local law adopting the fee or charge. (2) Use of 9–8–8 funds A fee or charge collected under this sub- section shall only be imposed, collected, and used to pay expenses that a State, a political subdivision of a State, an Indian Tribe, or vil- lage or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is expected to incur that are reasonably at- tributed to— (A) ensuring the efficient and effective routing of calls made to the 9–8–8 national suicide prevention and mental health crisis hotline to an appropriate crisis center; and (B) personnel and the provision of acute mental health, crisis outreach and stabiliza- tion services by directly responding to the 9–8–8 national suicide prevention and mental health crisis hotline. (b) Fee Accountability Report To ensure efficiency, transparency, and ac- countability in the collection and expenditure of a fee or charge for the support or implementa- tion of 9–8–8 services, not later than 2 years after October 17, 2020, and annually thereafter, the Commission shall submit to the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Commit- tees on Energy and Commerce and Appropria- tions of the House of Representatives a report that— (1) details the status in each State, political subdivision of a State, Indian Tribe, or village or regional corporation serving a region estab- lished pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) of the collection and distribution of such fees or charges; and (2) includes findings on the amount of reve- nues obligated or expended by each State, po- litical subdivision of a State, Indian Tribe, or village or regional corporation serving a re- gion established pursuant to the Alaska Na- tive Claims Settlement Act (43 U.S.C. 1601 et seq.) for any purpose other than the purpose for which any such fees or charges are speci- fied. (c) Definitions In this section: (1) Commercial mobile service The term ‘‘commercial mobile service’’ has the meaning given that term under section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)). (2) Commission The term ‘‘Commission’’ means the Federal Communications Commission. (3) IP-enabled voice service The term ‘‘IP-enabled voice service’’ shall include— (A) an interconnected VoIP service, as de- fined in section 9.3 of the 1 title 47 of the Code of Federal Regulations, or any suc- cessor thereto; and (B) a one-way interconnected VoIP service. (4) State The term ‘‘State’’ has the meaning given that term in section 615b of this title. (Pub. L. 116–172, § 4, Oct. 17, 2020, 134 Stat. 833.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(1), is Pub. L. 116–172, Oct. 17, 2020, 134 Stat. 832, known as the Na- tional Suicide Hotline Designation Act of 2020. For complete classification of this Act to the Code, see Short Title of 2020 Amendment note under section 609 of this title and Tables. The Communications Act of 1934, referred to in sub- sec. (a)(1), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. The Alaska Native Claims Settlement Act, referred to in subsecs. (a) and (b), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. CODIFICATIONSECTION WAS ENACTED AS PART OF THE NA- TIONAL SUICIDE HOTLINE DESIGNATION ACT OF 2020, AND NOT AS PART OF THE COMMUNICATIONS ACT OF 1934 WHICH COMPRISES THIS CHAPTER. § 252. Procedures for negotiation, arbitration, and approval of agreements (a) Agreements arrived at through negotiation (1) Voluntary negotiations Upon receiving a request for interconnec- tion, services, or network elements pursuant to section 251 of this title, an incumbent local exchange carrier may negotiate and enter into a binding agreement with the requesting tele-