§  51.711   Symmetrical reciprocal compensation.

   (a) Rates for transport and termination of telecommunications traffic
   shall be symmetrical, except as provided in paragraphs (b) and (c) of
   this section.

   (1) For purposes of this subpart, symmetrical rates are rates that a
   carrier other than an incumbent LEC assesses upon an incumbent LEC for
   transport and termination of telecommunications traffic equal to those
   that the incumbent LEC assesses upon the other carrier for the same
   services.

   (2) In cases where both parties are incumbent LECs, or neither party is
   an incumbent LEC, a state commission shall establish the symmetrical
   rates for transport and termination based on the larger carrier's
   forward-looking costs.

   (3) Where the switch of a carrier other than an incumbent LEC serves a
   geographic area comparable to the area served by the incumbent LEC's
   tandem switch, the appropriate rate for the carrier other than an
   incumbent LEC is the incumbent LEC's tandem interconnection rate.

   (b) A state commission may establish asymmetrical rates for transport
   and termination of telecommunications traffic only if the carrier other
   than the incumbent LEC (or the smaller of two incumbent LECs) proves to
   the state commission on the basis of a cost study using the
   forward-looking economic cost based pricing methodology described in
   § § 51.505 and 51.511, that the forward-looking costs for a network
   efficiently configured and operated by the carrier other than the
   incumbent LEC (or the smaller of two incumbent LECs), exceed the costs
   incurred by the incumbent LEC (or the larger incumbent LEC), and,
   consequently, that such that a higher rate is justified.

   (c) Pending further proceedings before the Commission, a state
   commission shall establish the rates that licensees in the Paging and
   Radiotelephone Service (defined in part 22, subpart E of this chapter),
   Narrowband Personal Communications Services (defined in part 24,
   subpart D of this chapter), and Paging Operations in the Private Land
   Mobile Radio Services (defined in part 90, subpart P of this chapter)
   may assess upon other carriers for the transport and termination of
   telecommunications traffic based on the forward-looking costs that such
   licensees incur in providing such services, pursuant to § § 51.505 and
   51.511. Such licensees' rates shall not be set based on the default
   proxies described in § 51.707.