"The Commission has before it a petition for declaratory ruling filed by BellSouth Telecommunications, Inc. (BellSouth) regarding issues stemming from the Triennial Review Order. As explained below, because the Commission's national unbundling rules in the Triennial Review Order directly address the primary issue raised by BellSouth, we grant BellSouth's petition to the extent described in this Order.
"Specifically, applying section 251(d)(3) of the Communications Act of
1934, as amended (the Act), we find that a state commission may not require an incumbent local exchange carrier (LEC) to provide digital subscriber line (DSL) service to an end user customer over the same unbundled network element (UNE) loop facility that a competitive LEC uses to provide voice services to that end user."For the reasons set forth below, we conclude that state decisions that impose such an obligation are inconsistent with and substantially prevent the implementation of the Act and the Commissions federal unbundling rules and policies set forth in the Triennial Review Order that implement sections 251(c) .....
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