§  51.914   Additional provisions applicable to Access Stimulation traffic.

   (a) Notwithstanding any other provision of this part, if a local
   exchange carrier is engaged in Access Stimulation, as defined in
   § 61.3(bbb) of this chapter, it shall, within 45 days of commencing
   Access Stimulation, or within 45 days of November 27, 2019, whichever
   is later:

   (1) Not bill any Interexchange Carrier for terminating switched access
   tandem switching or terminating switched access transport charges for
   any traffic between such local exchange carrier's terminating end
   office or equivalent and the associated access tandem switch; and

   (2) Shall designate, if needed, the Intermediate Access Provider(s)
   that will provide terminating switched access tandem switching and
   terminating switched access tandem transport services to the local
   exchange carrier engaged in access stimulation and that the local
   exchange carrier shall assume financial responsibility for any
   applicable Intermediate Access Provider's charges for such services for
   any traffic between such local exchange carrier's terminating end
   office or equivalent and the associated access tandem switch.

   (b) Notwithstanding any other provision of this part, if a local
   exchange carrier is engaged in Access Stimulation, as defined in
   § 61.3(bbb) of this chapter, it shall, within 45 days of commencing
   Access Stimulation, or within 45 days of November 27, 2019, whichever
   is later, notify in writing the Commission, all Intermediate Access
   Providers that it subtends, and Interexchange Carriers with which it
   does business of the following:

   (1) That it is a local exchange carrier engaged in Access Stimulation;
   and

   (2) That it shall designate the Intermediate Access Provider(s) that
   will provide the terminating switched access tandem switching and
   terminating switched access tandem transport services to the local
   exchange carrier engaged in access stimulation and that it shall pay
   for those services as of that date.

   (c) In the event that an Intermediate Access Provider receives notice
   under paragraph (b) of this section that it has been designated to
   provide terminating switched access tandem switching or terminating
   switched access tandem transport services to a local exchange carrier
   engaged in Access Stimulation and that local exchange carrier shall pay
   for such terminating access service from such Intermediate Access
   Provider, the Intermediate Access Provider shall not bill Interexchange
   Carriers for terminating switched access tandem switching or
   terminating switched access tandem transport service for traffic bound
   for such local exchange carrier but, instead, shall bill such local
   exchange carrier for such services.

   (d) Notwithstanding paragraphs (a) and (b) of this section, any local
   exchange carrier that is not itself engaged in Access Stimulation, as
   that term is defined in § 61.3(bbb) of this chapter, but serves as an
   Intermediate Access Provider with respect to traffic bound for a local
   exchange carrier engaged in Access Stimulation, shall not itself be
   deemed a local exchange carrier engaged in Access Stimulation or be
   affected by paragraphs (a) and (b).

   (e) Upon terminating its engagement in Access Stimulation, as defined
   in § 61.3(bbb) of this chapter, the local exchange carrier engaged in
   Access Stimulation shall provide concurrent, written notification to
   the Commission and any affected Intermediate Access Provider(s) and
   Interexchange Carrier(s) of such fact.

   [ 84 FR 57650 , Oct. 28, 2019, as amended at  85 FR 35209 , June 9, 2020]