[Ā§269-34] Ā Obligations of
telecommunications carriers.Ā  In accordance with conditions and guidelines
established by the commission to facilitate the introduction of competition
into the State's telecommunications marketplace, each telecommunications carrier,
upon bona fide request, shall provide services or information services, on
reasonable terms and conditions, to an entity seeking to provide intrastate
telecommunications, including:



(1)Ā  Interconnection to the telecommunications
carrier's telecommunications facilities at any technically feasible and
economically reasonable point within the telecommunications carrier's network
so that the networks are fully interoperable;



(2)Ā  The current interstate tariff used as the access
rate until the commission can adopt a new intrastate local service
interconnection tariff pursuant to section 269-37;



(3)Ā  Nondiscriminatory and equal access to any
telecommunications carrier's telecommunications facilities, functions, and the
information necessary to the transmission and routing of any telecommunications
service and the interoperability of both carriers' networks;



(4)Ā  Nondiscriminatory access among all
telecommunications carriers, where technically feasible and economically
reasonable, and where safety or the provision of existing electrical service is
not at risk, to the poles, ducts, conduits, and rights-of-way owned or
controlled by the telecommunications carrier, or the commission shall authorize
access to electric utilities' poles as provided by the joint pole agreement,
commission tariffs, rules, orders, or Federal Communications Commission rules
and regulations;



(5)Ā  Nondiscriminatory access to the network functions
of the telecommunications carrier's telecommunications network, that shall be
offered on an unbundled, competitively neutral, and cost-based basis;



(6)Ā  Telecommunications services and network functions
without unreasonable restrictions on the resale or sharing of those services
and functions; and



(7)Ā  Nondiscriminatory access of customers to the telecommunications
carrier of their choice without the need to dial additional digits or access
codes, where technically feasible.Ā  The commission shall determine the
equitable distribution of costs among the authorized telecommunications
carriers that will use such access and shall establish rules to ensure such
access.



Where possible, telecommunications carriers
shall enter into negotiations to agree on the provision of services or
information services without requiring intervention by the commission; provided
that any such agreement shall be subject to review by the commission to ensure
compliance with the requirements of this section. [L 1995, c 225, pt of Ā§2]



 



Cross References



 



Ā  Local exchange intrastate services; fully competitive, see
Ā§269-16.85.