§ 63.60   Definitions.

   For the purposes of this part, the following definitions shall apply:

   (a) For the purposes of § § 63.60 through 63.90, the term “carrier,” when
   used to refer either to all telecommunications carriers or more
   specifically to non-dominant telecommunications carriers, shall include
   interconnected VoIP providers.

   (b) Discontinuance, reduction, or impairment of service includes, but
   is not limited to the following:

   (1) The closure by a carrier of a telephone exchange rendering
   interstate or foreign telephone toll service, a public toll station
   serving a community or part of a community, or a public coast station
   as defined in § 80.5 of this chapter;

   (2) The reduction in hours of service by a carrier at a telephone
   exchange rendering interstate or foreign telephone toll service, at any
   public toll station (except at a toll station at which the availability
   of service to the public during any specific hours is subject to the
   control of the agent or other persons controlling the premises on which
   such office or toll station is located and is not subject to the
   control of such carrier), or at a public coast station; the term
   reduction in hours of service does not include a shift in hours which
   does not result in any reduction in the number of hours of service.

   (3) The conversion of an interconnected VoIP service to a service that
   permits users to receive calls that originate on the public switched
   telephone network but not terminate calls to the public switched
   telephone network, or the converse.

   (4) The dismantling or removal from service of any trunk line by a
   carrier which has the effect of impairing the adequacy or quality of
   service rendered to any community or part of a community;

   (5) The severance by a carrier of physical connection with another
   carrier (including connecting carriers as defined in section 3(u) of
   the Communications Act of 1934, as amended) or the termination or
   suspension of the interchange of traffic with such other carrier;

   (c) Emergency discontinuance, reduction, or impairment of service means
   any discontinuance, reduction, or impairment of the service of a
   carrier occasioned by conditions beyond the control of such carrier
   where the original service is not restored or comparable service is not
   established within a reasonable time. For the purpose of this part, a
   reasonable time shall be deemed to be a period not in excess of the
   following: 10 days in the case of discontinuance, reduction, or
   impairment of service at telegraph offices operated directly by the
   carrier; 15 days in the case of jointly-operated or agency telegraph
   offices; 10 days in the case of public coast stations; and 60 days in
   all other cases;

   (d) The term “interconnected VoIP provider” is an entity that provides
   interconnected VoIP service as that term is defined in § 9.3 of this
   chapter.

   (e) Public toll station means a public telephone station, located in a
   community, through which a carrier provides service to the public, and
   which is connected directly to a toll line operated by such carrier.

   (f) For the purposes of § § 63.60 through 63.90, the term “service,” when
   used to refer to a real-time, two-way voice communications service,
   shall include interconnected VoIP service as that term is defined in
   § 9.3 of this chapter but shall not include any interconnected VoIP
   service that is a “mobile service” as defined in § 20.3 of this chapter.

   (g) You. In this section, “You” refers to applicants and licensees.

   (h) The term “technology transition” means any change in service that
   would result in the replacement of a wireline TDM-based voice service
   with a service using a different technology or medium for transmission
   to the end user, whether Internet Protocol (IP), wireless, or another
   type; except that retirement of copper, as defined in § 51.332(a) of
   this chapter, that does not result in a discontinuance, reduction, or
   impairment of service requiring Commission authorization pursuant to
   this part shall not constitute a “technology transition” for purposes
   of this part.

   [ 28 FR 13229 , Dec. 5, 1963, as amended at  45 FR 6585 , Jan. 29, 1980;  51 FR 31305 , Sept. 2, 1986;  69 FR 29902 , May 26, 2004;  74 FR 39563 , Aug.
   7, 2009;  81 FR 62656 , Sept. 12, 2016]

   Effective Date Note: At  81 FR 62656 , Sept. 12, 2016, § 63.60(h) was
   added. This paragraph contains information collection and recordkeeping
   requirements and will not become effective until approval has been
   given by the Office of Management and Budget.

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