Incumbent Local Exchange Carriers

Incumbent Local Exchange Carriers (Class A & B Telephone Companies)

Definitions:
SEC. 251. [47 U.S.C. 251] INTERCONNECTION (h) DEFINITION OF INCUMBENT LOCAL EXCHANGE CARRIER.--

(1) DEFINITION.--For purposes of this section, the term ''incumbent local exchange carrier'' means, with respect to an area, the local exchange carrier that--
(A) on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service in such area; and
(B)(i) on such date of enactment, was deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of the Commission's regulations (47 C.F.R. 69.601(b)); or
(ii) is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in clause (i).
(2) TREATMENT OF COMPARABLE CARRIERS AS INCUMBENTS.--The Commission may, by rule, provide for the treatment of a local exchange carrier (or class or category thereof) as an incumbent local exchange carrier for purposes of this section if--
(A) such carrier occupies a position in the market for telephone exchange service within an area that is comparable to the position occupied by a carrier described in paragraph (1);
(B) such carrier has substantially replaced an incumbent local exchange carrier described in paragraph (1); and
(C) such treatment is consistent with the public interest, convenience, and necessity and the purposes of this section.


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Definition in Commission rule 4 CCR 723-2-2001(ss) 
"Incumbent local exchange carrier" (ILEC) means either:

(I) With respect to a geographic area, the LEC that, on the date of enactment of the Telecommunications Act of 1996 (February 8, 1996), provided telephone exchange service in such geographic area and that either:

(A) On such date of enactment, was deemed to be a member of the exchange carrier association pursuant to 47 C.F.R., 69.601(b) of the FCC's regulations; or
(B) Is a person or entity that, on or after such date of enactment, became a successor or assign of a member described in subparagraph (I)(A) of this paragraph; or

(II) Any comparable LEC that the Commission has, by rule or order, deemed to be an ILEC after finding that:

(A) Such carrier occupies a position in the market for telephone exchange service within a geographic area that is comparable to the position occupied by a carrier described in subparagraph (I) of this paragraph;
(B) Such carrier has substantially replaced an ILEC described in subparagraph (I) of this paragraph; and
(C) Such treatment is consistent with the public interest, convenience, and necessity.