Concept

Incumbent local exchange carrier

An incumbent local exchange carrier (ILEC) is a local telephone company which held the regional monopoly on landline service before the market was opened to competitive local exchange carriers, or the corporate successor of such a firm. An incumbent local exchange carrier is a local exchange carrier (LEC) in a specific area that on the date of enactment of the Telecommunications Act of 1996, provided telephone exchange service on the date of enactment, was deemed to be a member of the National Exchange Carrier Association pursuant to the Code of Federal Regulations (C.F.R) Title 47, section 69.601(b). or is a person or entity that, on or after such date of enactment, became a successor or assignee of a member described in the previous bullet. The Federal Communications Commission (FCC) may, by rule, provide for the treatment of an LEC (or class or category thereof) as an ILEC if: 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 previously such carrier has substantially replaced an ILEC described previously such treatment is consistent with the public interest, convenience and necessity ILECs have the same duties as a LEC and in addition: Duty to negotiate – The duty to negotiate in good faith the particular terms and conditions of agreements to fulfill the duties described for a LEC and the specific ones for the ILEC. The requesting telecommunications carrier also has the duty to negotiate in good faith the terms and conditions of such agreements.

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