[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR61.26]

[Page 194-195]
 
                       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 local exchange carrier that provides some or 
all of the interstate exchange access services used to send traffic to 
or from an end user and 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 services, in whole or in part, to the extent those services were 
not provided by the CLEC.
    (3) Interstate switched exchange access services shall include the 
functional

[[Page 195]]

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:
    (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 (d) 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. In addition to that 
NECA rate, the rural CLEC may assess a presubscribed interexchange 
carrier charge if, and only to the extent that, the competing ILEC 
assesses this charge.
    (f) If a CLEC provides some portion of the interstate switched 
exchange access services used to send traffic to or from an end user not 
served by that CLEC, the rate for the access services provided may not 
exceed the rate charged by the competing ILEC for the same access 
services.

[66 FR 27900, May 21, 2001; 66 FR 28774, May 24, 2001; 69 FR 35269, June 
24, 2004]