[Ā§269-34] Ā Obligations oftelecommunications carriers.Ā  In accordance with conditions and guidelinesestablished by the commission to facilitate the introduction of competitioninto the State's telecommunications marketplace, each telecommunications carrier,upon bona fide request, shall provide services or information services, onreasonable terms and conditions, to an entity seeking to provide intrastatetelecommunications, including:

(1)Ā  Interconnection to the telecommunicationscarrier's telecommunications facilities at any technically feasible andeconomically reasonable point within the telecommunications carrier's networkso that the networks are fully interoperable;

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

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

(4)Ā  Nondiscriminatory access among alltelecommunications carriers, where technically feasible and economicallyreasonable, and where safety or the provision of existing electrical service isnot at risk, to the poles, ducts, conduits, and rights-of-way owned orcontrolled by the telecommunications carrier, or the commission shall authorizeaccess to electric utilities' poles as provided by the joint pole agreement,commission tariffs, rules, orders, or Federal Communications Commission rulesand regulations;

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

(6)Ā  Telecommunications services and network functionswithout unreasonable restrictions on the resale or sharing of those servicesand functions; and

(7)Ā  Nondiscriminatory access of customers to the telecommunicationscarrier of their choice without the need to dial additional digits or accesscodes, where technically feasible.Ā  The commission shall determine theequitable distribution of costs among the authorized telecommunicationscarriers that will use such access and shall establish rules to ensure suchaccess.

Where possible, telecommunications carriersshall enter into negotiations to agree on the provision of services orinformation services without requiring intervention by the commission; providedthat any such agreement shall be subject to review by the commission to ensurecompliance with the requirements of this section. [L 1995, c 225, pt of Ā§2]

 

Cross References

 

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