Implementation of Infrastructure Sharing Provisions in the Telecommunications Act of 1996

On February 7, 1996, the Commission released Implementation of Infrastructure Sharing Provisions in the Telecommunications Act of 1996, Report and Order, CC Docket 96-237, FCC 97-36, to implement new section 259 of the Communications Act of 1934, as added by the Telecommunications Act of 1996. Section 259 generally requires incumbent local exchange carriers (incumbent LECs) to make available ``public switched network infrastructure, technology, information, and telecommunications facilities and functions'' to ``qualifying carriers'' that are eligible to receive federal universal service support but that lack economies of scale or scope. Wherever possible, the Commission adopts general rules that restate the statutory language. This approach, which relies in large part on private negotiations among parties to satisfy their unique requirements in each case, will help ensure that certain carriers who agree to fulfill universal service obligations pursuant to section 214(e) can implement evolving levels of technology to continue to fulfill those obligations.