§ 51.911   Access reciprocal compensation rates for competitive LECs.

   (a) Caps on Access Reciprocal Compensation and switched access rates.
   Notwithstanding any other provision of the Commission's rules:

   (1) In the case of Competitive LECs operating in an area served by a
   Price Cap Carrier, no such Competitive LEC may increase the rate for
   any originating or terminating intrastate switched access service above
   the rate for such service in effect on December 29, 2011.

   (2) In the case of Competitive LEC operating in an area served by an
   incumbent local exchange carrier that is a Rate-of-Return Carrier or
   Competitive LECs that are subject to the rural exemption in § 61.26(e)
   of this chapter, no such Competitive LEC may increase the rate for any
   originating or terminating intrastate switched access service above the
   rate for such service in effect on December 29, 2011, with the
   exception of intrastate originating access service. For such
   Competitive LECs, intrastate originating access service subject to this
   subpart shall remain subject to the same state rate regulation in
   effect December 31, 2011, as may be modified by the state thereafter.

   (b) Except as provided in paragraph (b)(7) of this section, beginning
   July 3, 2012, notwithstanding any other provision of the Commission's
   rules, each Competitive LEC that has tariffs on file with state
   regulatory authorities shall file intrastate access tariff provisions,
   in accordance with § 51.505(b)(2), that set forth the rates applicable
   to Transitional Intrastate Access Service in each state in which it
   provides Transitional Intrastate Access Service. Each Competitive Local
   Exchange Carrier shall establish the rates for Transitional Intrastate
   Access Service using the following methodology.

   (1) Calculate total revenue from Transitional Intrastate Access Service
   at the carrier's interstate access rates in effect on December 29,
   2011, using Fiscal Year 2011 intrastate switched access demand for each
   rate element.

   (2) Calculate total revenue from Transitional Intrastate Access Service
   at the carrier's intrastate access rates in effect on December 29,
   2011, using Fiscal Year 2011 intrastate switched access demand for each
   rate element.

   (3) Calculate the Step 1 Access Revenue Reduction. The Step 1 Access
   Revenue Reduction is equal to one-half of the difference between the
   amount calculated in (b)(1) of this section and the amount calculated
   in (b)(2) of this section.

   (4) A Competitive Local Exchange Carrier may elect to establish rates
   for Transitional Intrastate Access Service using its intrastate access
   rate structure. Carriers using this option shall establish rates for
   Transitional Intrastate Access Service such that Transitional
   Intrastate Access Service revenue at the proposed rates is no greater
   than Transitional Intrastate Access Service revenue at the intrastate
   rates in effect as of December 29, 2011 less the Step 1 Access Revenue
   Reduction, using Fiscal year 2011 intrastate switched access demand.

   (5) In the alternative, a Competitive Local Exchange Carrier may elect
   to apply its interstate access rate structure and interstate rates to
   Transitional Intrastate Access Service. In addition to applicable
   interstate access rates, the carrier may assess a transitional
   per-minute charge on Transitional Intrastate Access Service end office
   switching minutes (previously billed as intrastate access). The
   transitional charge shall be no greater than the Step 1 Access Revenue
   Reduction divided by Fiscal year 2011 intrastate switched access demand

   (6) Except as provided in paragraph (b)(7) of this section, nothing in
   this section obligates or allows a Competitive LEC that has intrastate
   rates lower than its functionally equivalent interstate rates to make
   any intrastate tariff filing or intrastate tariff revisions raising
   such rates.

   (7) If a Competitive LEC must make an intrastate switched access rate
   reduction pursuant to paragraph (b) of this section, and that
   Competitive LEC has an intrastate rate for a rate element that is below
   the comparable interstate rate for that element, the Competitive LEC
   may increase the rate for any intrastate rate element that is below the
   comparable interstate rate for that element to the interstate rate no
   later than July 1, 2013;

   (c) Beginning July 1, 2013, notwithstanding any other provision of the
   Commission's rules, all Competitive Local Exchange Carrier Access
   Reciprocal Compensation rates for switched exchange access services
   subject to this subpart shall be no higher than the Access Reciprocal
   Compensation rates charged by the competing incumbent local exchange
   carrier, in accordance with the same procedures specified in § 61.26 of
   this chapter.

   [ 76 FR 73856 , Nov. 29, 2011, as amended at  77 FR 48452 , Aug. 14, 2012]

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