---
kind: "section"
citation: "47 U.S.C. § 259"
title: "47"
title_heading: "Telecommunications"
number: "259"
heading: "Infrastructure sharing"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/259"
units:
  - "Chapter 5 — Wire or Radio Communication"
  - "Subchapter II — Common Carriers"
  - "Part II — Development of Competitive Markets"
---

# §259. Infrastructure sharing

- (a) **Regulations required—** The Commission shall prescribe, within one year after February 8, 1996, regulations that require incumbent [local exchange carriers](/usc/47/153.md?p=32) (as defined in [section 251(h) of this title](/usc/47/251.md?p=h)) to make available to any qualifying [carrier](/usc/47/153.md?p=11) such public switched network infrastructure, technology, information, and [telecommunications](/usc/47/153.md?p=50) facilities and functions as may be requested by such qualifying [carrier](/usc/47/153.md?p=11) for the purpose of enabling such qualifying [carrier](/usc/47/153.md?p=11) to provide [telecommunications services](/usc/47/153.md?p=53), or to provide access to [information services](/usc/47/153.md?p=24), in the service area in which such qualifying [carrier](/usc/47/153.md?p=11) has requested and obtained designation as an eligible [telecommunications carrier](/usc/47/153.md?p=51) under [section 214(e) of this title](/usc/47/214.md?p=e).
- (b) **Terms and conditions of regulations—** The regulations prescribed by the Commission pursuant to this section shall—
  - (1) not require a [local exchange carrier](/usc/47/153.md?p=32) to which this section applies to take any action that is economically unreasonable or that is contrary to the public interest;
  - (2) permit, but shall not require, the joint ownership or operation of public switched network infrastructure and services by or among such [local exchange carrier](/usc/47/153.md?p=32) and a qualifying [carrier](/usc/47/153.md?p=11);
  - (3) ensure that such [local exchange carrier](/usc/47/153.md?p=32) will not be treated by the Commission or any [State](/usc/47/153.md?p=47) as a [common carrier](/usc/47/153.md?p=11) for hire or as offering [common carrier](/usc/47/153.md?p=11) services with respect to any infrastructure, technology, information, facilities, or functions made available to a qualifying [carrier](/usc/47/153.md?p=11) in accordance with regulations issued pursuant to this section;
  - (4) ensure that such [local exchange carrier](/usc/47/153.md?p=32) makes such infrastructure, technology, information, facilities, or functions available to a qualifying [carrier](/usc/47/153.md?p=11) on just and reasonable terms and conditions that permit such qualifying [carrier](/usc/47/153.md?p=11) to fully benefit from the economies of scale and scope of such [local exchange carrier](/usc/47/153.md?p=32), as determined in accordance with guidelines prescribed by the Commission in regulations issued pursuant to this section;
  - (5) establish conditions that promote cooperation between [local exchange carriers](/usc/47/153.md?p=32) to which this section applies and qualifying [carriers](/usc/47/153.md?p=11);
  - (6) not require a [local exchange carrier](/usc/47/153.md?p=32) to which this section applies to engage in any infrastructure sharing agreement for any services or access which are to be provided or offered to consumers by the qualifying [carrier](/usc/47/153.md?p=11) in such [local exchange carrier](/usc/47/153.md?p=32)’s telephone exchange area; and
  - (7) require that such [local exchange carrier](/usc/47/153.md?p=32) file with the Commission or [State](/usc/47/153.md?p=47) for public inspection, any tariffs, contracts, or other arrangements showing the rates, terms, and conditions under which such [carrier](/usc/47/153.md?p=11) is making available public switched network infrastructure and functions under this section.
- (c) **Information concerning deployment of new services and equipment—** A [local exchange carrier](/usc/47/153.md?p=32) to which this section applies that has entered into an infrastructure sharing agreement under this section shall provide to each party to such agreement timely information on the planned deployment of [telecommunications services](/usc/47/153.md?p=53) and equipment, including any software or upgrades of software integral to the use or operation of such [telecommunications equipment](/usc/47/153.md?p=52).
- (d) **“Qualifying carrier” defined—** For purposes of this section, the term “qualifying [carrier](/usc/47/153.md?p=11)” means a [telecommunications carrier](/usc/47/153.md?p=51) that—
  - (1) lacks economies of scale or scope, as determined in accordance with regulations prescribed by the Commission pursuant to this section; and
  - (2) offers [telephone exchange service](/usc/47/153.md?p=54), [exchange access](/usc/47/153.md?p=20), and any other service that is included in universal service, to all consumers without preference throughout the service area for which such [carrier](/usc/47/153.md?p=11) has been designated as an eligible [telecommunications carrier](/usc/47/153.md?p=51) under [section 214(e) of this title](/usc/47/214.md?p=e).

## Source credit

(June 19, 1934, ch. 652, title II, § 259, as added Pub. L. 104–104, title I, § 101(a), Feb. 8, 1996, 110 Stat. 77.)