§  51.209   Toll dialing parity.

   (a) A LEC shall implement throughout each state in which it offers
   telephone exchange service intraLATA and interLATA toll dialing parity
   based on LATA boundaries. When a single LATA covers more than one
   state, the LEC shall use the implementation procedures that each state
   has approved for the LEC within that state's borders.

   (b) A LEC shall implement toll dialing parity through a presubscription
   process that permits a customer to select a carrier to which all
   designated calls on a customer's line will be routed automatically.
   LECs shall allow a customer to presubscribe, at a minimum, to one
   telecommunications carrier for all interLATA toll calls and to
   presubscribe to the same or to another telecommunications carrier for
   all intraLATA toll calls.

   (c) A LEC may not assign automatically a customer's intraLATA toll
   traffic to itself, to its subsidiaries or affiliates, to the customer's
   presubscribed interLATA or interstate toll carrier, or to any other
   carrier, except when, in a state that already has implemented
   intrastate, intraLATA toll dialing parity, the subscriber has selected
   the same presubscribed carrier for both intraLATA and interLATA toll
   calls.

   (d) Notwithstanding the requirements of paragraphs (a) and (b) of this
   section, states may require that toll dialing parity be based on state
   boundaries if it deems that the provision of intrastate and interstate
   toll dialing parity is procompetitive and otherwise in the public
   interest.

   [ 61 FR 47349 , Sept. 6, 1996]