§ 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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