[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR61.26]

[Page 193-194]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 61_TARIFFS--Table of Contents
 
            Subpart C_General Rules for Nondominant Carriers
 
Sec.  61.26  Tariffing of competitive interstate switched exchange access 
services.

    (a) Definitions. For purposes of this section 61.26, the following 
definitions shall apply:
    (1) CLEC shall mean a provider of interstate exchange access 
services that does not fall within the definition of ``incumbent local 
exchange carrier'' in 47 U.S.C. 251(h).
    (2) Competing ILEC shall mean the incumbent local exchange carrier, 
as defined in 47 U.S.C. 251(h), that would provide interstate exchange 
access service to a particular end user if that end user were not served 
by the CLEC.
    (3) Interstate switched exchange access services shall include the 
functional equivalent of the ILEC interstate exchange access services 
typically associated with following rate elements: carrier common line 
(originating); carrier common line (terminating); local end office 
switching; interconnection charge; information surcharge; tandem 
switched transport termination (fixed); tandem switched transport 
facility (per mile); tandem switching.
    (4) Non-rural ILEC shall mean an incumbent local exchange carrier 
that is not a rural telephone company under 47 U.S.C. 153(37).
    (5) The rate for interstate switched exchange access services shall 
mean the composite, per-minute rate for these services, including all 
applicable fixed and traffic-sensitive charges.
    (6) Rural CLEC shall mean a CLEC that does not serve (i.e., 
terminate traffic to or originate traffic from) any end users located 
within either:
    (i) Any incorporated place of 50,000 inhabitants or more, based on 
the most recently available population statistics of the Census Bureau 
or
    (ii) An urbanized area, as defined by the Census Bureau.
    (b) Except as provided in paragraphs (c) and (e) of this section, a 
CLEC shall not file a tariff for its interstate switched exchange access 
services that prices those services above the higher of:
    (1) The rate charged for such services by the competing ILEC or
    (2) The lower of:

[[Page 194]]

    (i) The benchmark rate described in paragraph (c) of this section or
    (ii) The lowest rate that the CLEC has tariffed for its interstate 
exchange access services, within the six months preceding June 20, 2001.
    (c) From June 20, 2001 until June 20, 2002, the benchmark rate for a 
CLEC's interstate switched exchange access services will be $0.025 per 
minute. From June 20, 2002 until June 20, 2003, the benchmark rate for a 
CLEC's interstate switched exchange access services will be $0.018 per 
minute. From June 20, 2003 until June 21, 2004, the benchmark rate for a 
CLEC's interstate switched exchange access services will be $0.012 per 
minute. After June 21, 2004, the benchmark rate for a CLEC's interstate 
switched exchange access services will be the rate charged for similar 
services by the competing ILEC, provided, however, that the benchmark 
rate for a CLEC's interstate switched exchange access services will not 
move to bill-and-keep, if at all, until June 20, 2005.
    (d) Notwithstanding paragraphs (b) and (c) of this section, in the 
event that, after June 20, 2001, a CLEC begins serving end users in a 
metropolitan statistical area (MSA) where it has not previously served 
end users, the CLEC shall not file a tariff for its interstate exchange 
access services in that MSA that prices those services above the rate 
charged for such services by the competing ILEC.
    (e) Rural exemption. Notwithstanding paragraphs (b) through (3) of 
this section, a rural CLEC competing with a non-rural ILEC shall not 
file a tariff for its interstate exchange access services that prices 
those services above the rate prescribed in the NECA access tariff, 
assuming the highest rate band for local switching and the transport 
interconnection charge. If the competing ILEC is subject to the 
Commission's CALLS Order, 65 FR 38684, June 21, 2000, this rate shall be 
reduced by the NECA tariff's carrier common line charge.

[66 FR 27900, May 21, 2001; 66 FR 28774, May 24, 2001]