§  51.913   Transition for VoIP-PSTN traffic.

   (a)(1) Terminating Access Reciprocal Compensation subject to this
   subpart exchanged between a local exchange carrier and another
   telecommunications carrier in Time Division Multiplexing (TDM) format
   that originates and/or terminates in IP format shall be subject to a
   rate equal to the relevant interstate terminating access charges
   specified by this subpart. Interstate originating Access Reciprocal
   Compensation subject to this subpart exchanged between a local exchange
   carrier and another telecommunications carrier in Time Division
   Multiplexing (TDM) format that originates and/or terminates in IP
   format shall be subject to a rate equal to the relevant interstate
   originating access charges specified by this subpart.

   (2) Until June 30, 2014, intrastate originating Access Reciprocal
   Compensation subject to this subpart exchanged between a local exchange
   carrier and another telecommunications carrier in Time Division
   Multiplexing (TDM) format that originates and/or terminates in IP
   format shall be subject to a rate equal to the relevant intrastate
   originating access charges specified by this subpart. Effective July 1,
   2014, originating Access Reciprocal Compensation subject to this
   subpart exchanged between a local exchange carrier and another
   telecommunications carrier in Time Division Multiplexing (TDM) format
   that originates and/or terminates in IP format shall be subject to a
   rate equal to the relevant interstate originating access charges
   specified by this subpart.

   (3) Telecommunications traffic originates and/or terminates in IP
   format if it originates from and/or terminates to an end-user customer
   of a service that requires Internet protocol-compatible customer
   premises equipment.

   (b) Notwithstanding any other provision of the Commission's rules, a
   local exchange carrier shall be entitled to assess and collect the full
   Access Reciprocal Compensation charges prescribed by this subpart that
   are set forth in a local exchange carrier's interstate or intrastate
   tariff for the access services defined in § 51.903 regardless of whether
   the local exchange carrier itself delivers such traffic to the called
   party's premises or delivers the call to the called party's premises
   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 Access Reciprocal
   Compensation charges prescribed by this subpart for that traffic. This
   rule does not permit a local exchange carrier to charge for functions
   not performed by the local exchange carrier itself or the affiliated or
   unaffiliated provider of interconnected VoIP service or
   non-interconnected VoIP service. For purposes of this provision,
   functions provided by a LEC as part of transmitting telecommunications
   between designated points using, in whole or in part, technology other
   than TDM transmission in a manner that is comparable to a service
   offered by a local exchange carrier constitutes the functional
   equivalent of the incumbent local exchange carrier access service.

   [ 76 FR 73856 , Nov. 29, 2011, as amended at  77 FR 31536 , May 29, 2012]