Page:United States Statutes at Large Volume 110 Part 1.djvu/87

 PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 63 provide such unbundled network elements in a manner that allows requesting carriers to combine such elements in order to provide such telecommunications service. "(4) RESALE.— The duty— "(A) to offer for resale at wholesale rates any telecommunications service that the carrier provides at retail to subscribers who are not telecommunications carriers; and "(B) not to prohibit, and not to impose unreasonable or discriminatory conditions or limitations on, the resale of such telecommunications service, except that a State commission may, consistent with regulations prescribed by the Commission under this section, prohibit a reseller that obtains at wholesale rates a telecommunications service that is available at retail only to a category of subscribers from offering such service to a different category of subscribers. "(5) NOTICE OF CHANGES.— The duty to provide reasonable public notice of changes in the information necessary for the transmission and routing of services using that local exchange carrier's facilities or networks, as well as of any other changes that would affect the interoperability of those facilities and networks. "(6) COLLOCATION.—The duty to provide, on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, for physical collocation of equipment necessary for interconnection or access to unbundled network elements at the premises of the local exchange carrier, except that the carrier may provide for virtual collocation if the local exchange carrier demonstrates to the State commission that physical collocation is not practical for technical reasons or because of space limitations. " (d) IMPLEMENTATION.~ "(1) IN GENERAL. — Within 6 months after the date of enact- Regulations. ment of the Telecommunications Act of 1996, the Commission shall complete all actions necessary to establish regulations to implement the requirements of this section. "(2) ACCESS STANDARDS. — In determining what network elements should be made available for purposes of subsection (c)(3), the Commission shall consider, at a minimum, whether— "(A) access to such network elements as are proprietary in nature is necessary; and "(B) the failure to provide access to such network elements would impair the ability of the telecommunications carrier seeking access to provide the services that it seeks to offer. " (3) PRESERVATION OF STATE ACCESS REGULATIONS.—In prescribing and enforcing regulations to implement the requirements of this section, the Commission shall not preclude the enforcement of any regulation, order, or policy of a State commission that— "(A) establishes access and interconnection obligations of local exchange carriers; "(B) is consistent with the requirements of this section; and

�