§  51.709   Rate structure for transport and termination.

   (a) In state proceedings, where a rate for Non-Access Reciprocal
   Compensation does not exist as of December 29, 2011, a state commission
   shall establish initial rates for the transport and termination of
   Non-Access Telecommunications Traffic that are structured consistently
   with the manner that carriers incur those costs, and consistently with
   the principles in this section.

   (b) The rate of a carrier providing transmission facilities dedicated
   to the transmission of non-access traffic between two carriers'
   networks shall recover only the costs of the proportion of that trunk
   capacity used by an interconnecting carrier to send non-access traffic
   that will terminate on the providing carrier's network. Such
   proportions may be measured during peak periods.

   (c) For Non-Access Telecommunications Traffic exchanged between a
   rate-of-return regulated rural telephone company as defined in § 51.5
   and a CMRS provider, the rural rate-of-return incumbent local exchange
   carrier will be responsible for transport to the CMRS provider's
   interconnection point when it is located within the rural
   rate-of-return incumbent local exchange carrier's service area. When
   the CMRS provider's interconnection point is located outside the rural
   rate-of-return incumbent local exchange carrier's service area, the
   rural rate-of-return incumbent local exchange carrier's transport and
   provisioning obligation stops at its meet point and the CMRS provider
   is responsible for the remaining transport to its interconnection
   point. This paragraph (c) is a default provision and applicable in the
   absence of an existing agreement or arrangement otherwise.

   [ 76 FR 73856 , Nov. 29, 2011]