§  61.26   Tariffing of competitive interstate switched exchange access
services.

   (a) Definitions. For purposes of this section 61.26, the following
   definitions shall apply:

   (1) CLEC shall mean a local exchange carrier that provides some or all
   of the interstate exchange access services used to send traffic to or
   from an end user and does not fall within the definition of “incumbent
   local exchange carrier” in 47 U.S.C. 251(h).

   (2) Competing ILEC shall mean the incumbent local exchange carrier, as
   defined in 47 U.S.C. 251(h), that would provide interstate exchange
   access services, in whole or in part, to the extent those services were
   not provided by the CLEC.

   (3) Interstate switched exchange access services shall include the
   functional equivalent of the ILEC interstate exchange access services
   typically associated with following rate elements: carrier common line
   (originating); carrier common line (terminating); local end office
   switching; interconnection charge; information surcharge; tandem
   switched transport termination (fixed); tandem switched transport
   facility (per mile); tandem switching.

   (4) Non-rural ILEC shall mean an incumbent local exchange carrier that
   is not a rural telephone company under 47 U.S.C. 153(37).

   (5) The rate for interstate switched exchange access services shall
   mean the composite, per-minute rate for these services, including all
   applicable fixed and traffic-sensitive charges.

   (6) Rural CLEC shall mean a CLEC that does not serve (i.e., terminate
   traffic to or originate traffic from) any end users located within
   either:

   (i) Any incorporated place of 50,000 inhabitants or more, based on the
   most recently available population statistics of the Census Bureau or

   (ii) An urbanized area, as defined by the Census Bureau.

   (b) Except as provided in paragraphs (c) and (e) of this section, a
   CLEC shall not file a tariff for its interstate switched exchange
   access services that prices those services above the higher of:

   (1) The rate charged for such services by the competing ILEC or

   (2) The lower of:

   (i) The benchmark rate described in paragraph (c) of this section or

   (ii) The lowest rate that the CLEC has tariffed for its interstate
   exchange access services, within the six months preceding June 20,
   2001.

   (c) From June 20, 2001 until June 20, 2002, the benchmark rate for a
   CLEC's interstate switched exchange access services will be $0.025 per
   minute. From June 20, 2002 until June 20, 2003, the benchmark rate for
   a CLEC's interstate switched exchange access services will be $0.018
   per minute. From June 20, 2003 until June 21, 2004, the benchmark rate
   for a CLEC's interstate switched exchange access services will be
   $0.012 per minute. After June 21, 2004, the benchmark rate for a CLEC's
   interstate switched exchange access services will be the rate charged
   for similar services by the competing ILEC, provided, however, that the
   benchmark rate for a CLEC's interstate switched exchange access
   services will not move to bill-and-keep, if at all, until June 20,
   2005.

   (d) Notwithstanding paragraphs (b) and (c) of this section, in the
   event that, after June 20, 2001, a CLEC begins serving end users in a
   metropolitan statistical area (MSA) where it has not previously served
   end users, the CLEC shall not file a tariff for its interstate exchange
   access services in that MSA that prices those services above the rate
   charged for such services by the competing ILEC.

   (e) Rural exemption. Notwithstanding paragraphs (b) through (d) of this
   section, a rural CLEC competing with a non-rural ILEC shall not file a
   tariff for its interstate exchange access services that prices those
   services above the rate prescribed in the NECA access tariff, assuming
   the highest rate band for local switching. In addition to that NECA
   rate, the rural CLEC may assess a presubscribed interexchange carrier
   charge if, and only to the extent that, the competing ILEC assesses
   this charge.

   (f) If a CLEC provides some portion of the interstate switched exchange
   access services used to send traffic to or from an end user not served
   by that CLEC, the rate for the access services provided may not exceed
   the rate charged by the competing ILEC for the same access services.

   [ 66 FR 27900 , May 21, 2001;  66 FR 28774 , May 24, 2001;  69 FR 35269 ,
   June 24, 2004]

Subpart D—General Tariff Rules for International Dominant Carriers