---
kind: "section"
citation: "47 C.F.R. § 51.309"
title: "47"
number: "51.309"
heading: "Use of unbundled network elements."
url: "https://uscodex.org/cfr/47/51.309"
---

# §51.309. Use of unbundled network elements.

- (a) Except as provided in [§ 51.318](/cfr/47/51.318.md), 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)](#b) of this section may provide any telecommunications services over the same unbundled network element.
- (e) Except as provided in [§ 51.318](/cfr/47/51.318.md), 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.

## Notes

### Amendments

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

### Authority

Authority: 47 U.S.C. 151-55, 201-05, 207-09, 218, 225-27, 251-52, 271, 332 unless otherwise noted.

### Source

Source: 61 FR 45619, Aug. 29, 1996, unless otherwise noted.

### Amendments

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