§  61.26   Tariffing of competitive interstate switched exchange access
services.

   (a) Definitions. For purposes of this section, 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) Switched exchange access services shall include:

   (i) The functional equivalent of the ILEC interstate exchange access
   services typically associated with the 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;

   (ii) The termination of interexchange telecommunications traffic to any
   end user, either directly or via contractual or other arrangements with
   an affiliated or unaffiliated provider of interconnected VoIP service,
   as defined in 47 U.S.C. 153(25), or a non-interconnected VoIP service,
   as defined in 47 U.S.C. 153(36), that does not itself seek to collect
   reciprocal compensation charges prescribed by this subpart for that
   traffic, regardless of the specific functions provided or facilities
   used.

   (4) Non-rural ILEC shall mean an incumbent local exchange carrier that
   is not a rural telephone company under 47 U.S.C. 153(44).

   (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), (e), and (g) 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) In the case of interstate switched exchange access service, the
   lowest rate that the CLEC has tariffed for its interstate exchange
   access services, within the six months preceding June 20, 2001.

   (c) The benchmark rate for a CLEC's switched exchange access services
   will be the rate charged for similar services by the competing ILEC. If
   an ILEC to which a CLEC benchmarks its rates, pursuant to this section,
   lowers the rate to which a CLEC benchmarks, the CLEC must revise its
   rates to the lower level within 15 days of the effective date of the
   lowered ILEC rate.

   (d) Except as provided in paragraph (g) of this section, and
   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 exchange access
   services in that MSA that prices those services above the rate charged
   for such services by the competing ILEC.

   (e) Rural exemption. Except as provided in paragraph (g) of this
   section, and 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. Beginning July 1, 2013, all CLEC reciprocal compensation
   rates for intrastate switched exchange access services subject to this
   subpart also shall be no higher than that NECA rate.

   (f) If a CLEC provides some portion of the 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, except if
   the CLEC is listed in the database of the Number Portability
   Administration Center as providing the calling party or dialed number,
   the CLEC may, to the extent permitted by §  51.913(b) of this chapter,
   assess a rate equal to the rate that would be charged by the competing
   ILEC for all exchange access services required to deliver interstate
   traffic to the called number.

   (g) Notwithstanding paragraphs (b) through (e) of this section:

   (1) A CLEC engaging in access stimulation, as that term is defined in
   §  61.3(bbb), shall not file a tariff for its interstate exchange
   access services that prices those services above the rate prescribed in
   the access tariff of the price cap LEC with the lowest switched access
   rates in the state.

   (2) A CLEC engaging in access stimulation, as that term is defined in
   §  61.3(bbb), shall file revised interstate switched access tariffs
   within forty-five (45) days of commencing access stimulation, as that
   term is defined in §  61.3(bbb), or within forty-five (45) days of
   [date] if the CLEC on that date is engaged in access stimulation, as
   that term is defined in §  61.3(bbb).

   [ 76 FR 73881 , Nov. 29, 2011, as amended at  77 FR 20553 , Apr. 5, 2012]

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Subpart D--General Tariff Rules for International Dominant Carriers

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