§  51.715   Interim transport and termination pricing.

   (a) Upon request from a telecommunications carrier without an existing
   interconnection arrangement with an incumbent LEC, the incumbent LEC
   shall provide transport and termination of Non-Access
   Telecommunications Traffic immediately under an interim arrangement,
   pending resolution of negotiation or arbitration regarding transport
   and termination rates and approval of such rates by a state commission
   under sections 251 and 252 of the Act.

   (1) This requirement shall not apply when the requesting carrier has an
   existing interconnection arrangement that provides for the transport
   and termination of Non-Access Telecommunications Traffic by the
   incumbent LEC.

   (2) A telecommunications carrier may take advantage of such an interim
   arrangement only after it has requested negotiation with the incumbent
   LEC pursuant to § 51.301.

   (b) Upon receipt of a request as described in paragraph (a) of this
   section, an incumbent LEC must, without unreasonable delay, establish
   an interim arrangement for transport and termination of Non-Access
   Telecommunications Traffic at symmetrical rates.

   (1) In a state in which the state commission has established transport
   and termination rates based on forward-looking economic cost studies,
   an incumbent LEC shall use these state-determined rates as interim
   transport and termination rates.

   (2) In a state in which the state commission has not established
   transport and termination rates based on forward-looking economic cost
   studies, an incumbent LEC shall set interim transport and termination
   rates either at the default ceilings specified in § 51.705(c) or in
   accordance with a bill-and-keep methodology as defined in § 51.713.

   (3) In a state in which the state commission has neither established
   transport and termination rates based on forward-looking economic cost
   studies nor established transport and termination rates consistent with
   the default price ranges described in § 51.707, an incumbent LEC shall
   set interim transport and termination rates at the default ceilings for
   end-office switching (0.4 cents per minute of use), tandem switching
   (0.15 cents per minute of use), and transport (as described in
   § 51.707(b)(2)).

   (c) An interim arrangement shall cease to be in effect when one of the
   following occurs with respect to rates for transport and termination of
   telecommunications traffic subject to the interim arrangement:

   (1) A voluntary agreement has been negotiated and approved by a state
   commission;

   (2) An agreement has been arbitrated and approved by a state
   commission; or

   (3) The period for requesting arbitration has passed with no such
   request.

   (d) If the rates for transport and termination of Non-Access
   Telecommunications Traffic in an interim arrangement differ from the
   rates established by a state commission pursuant to § 51.705, the state
   commission shall require carriers to make adjustments to past
   compensation. Such adjustments to past compensation shall allow each
   carrier to receive the level of compensation it would have received had
   the rates in the interim arrangement equalled the rates later
   established by the state commission pursuant to § 51.705.

   [ 61 FR 45619 , Aug. 29, 1996, as amended at  76 FR 73856 , Nov. 29, 2011]