[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: 47CFR69.123]

[Page 423-425]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 69_ACCESS CHARGES--Table of Contents
 
                    Subpart B_Computation of Charges
 
Sec. 69.123  Density pricing zones for special access 
and switched transport.

    (a)(1) Incumbent local exchange carriers not subject to price cap 
regulation may establish any number of density zones within a study area 
that is used for purposes of jurisdictional separations, provided that 
each zone, except the highest-cost zone, accounts for at least 15 
percent of that carrier's special access and transport revenues within 
that study area, calculated pursuant to the methodology set forth in 
Sec. 69.725.
    (2) Such a system of pricing zones shall be designed to reasonably 
reflect cost-related characteristics, such as the density of total 
interstate traffic in

[[Page 424]]

central offices located in the respective zones.
    (3) Non-price cap incumbent local exchange carriers may establish 
only one set of density pricing zones within each study area, to be used 
for the pricing of both special and switched access pursuant to 
paragraphs (c) and (d) of this section.
    (b)(1) Incumbent local exchange carriers subject to price cap 
regulation may establish any number of density zones within a study area 
that is used for purposes of jurisdictional separations, provided that 
each zone, except the highest-cost zone, accounts for at least 15 
percent of that carrier's trunking basket revenues within that study 
area, calculated pursuant to the methodology set forth in Sec. 69.725.
    (2) Price cap incumbent local exchange carriers may establish only 
one set of density pricing zones within each study area, to be used for 
the pricing of all services within the trunking basket for which zone 
density pricing is permitted.
    (3) An access service subelement for which zone density pricing is 
permitted shall be deemed to be offered in the zone that contains the 
telephone company location from which the service is provided.
    (4) An access service subelement for which zone density pricing is 
permitted which is provided to a customer between telephone company 
locations shall be deemed to be offered in the highest priced zone that 
contains one of the locations between which the service is offered.
    (c) Notwithstanding Sec. 69.3(e)(7), in study areas in which a 
telephone company offers a cross-connect, as described in Sec. 
69.121(a)(1), for the transmission of interstate special access traffic, 
telephone companies may charge rates for special access sub-elements of 
DS1, DS3, and such other special access services as the Commission may 
designate, that differ depending on the zone in which the service is 
offered, provided that the charges for any such service shall not be 
deaveraged within any such zone.
    (1) A special access service subelement shall be deemed to be 
offered in the zone that contains the telephone company location from 
which the service is provided.
    (2) A special access service subelement provided to a customer 
between telephone company locations shall be deemed to be offered in the 
highest priced zone that contains one of the locations between which the 
service is offered.
    (d) Notwithstanding Sec. 69.3(e)(7), in study areas in which a 
telephone company offers a cross-connect, as described in Sec. 
69.121(a)(1), for the transmission of interstate switched traffic, or is 
using collocated facilities to interconnect with telephone company 
interstate switched transport services, telephone companies may charge 
rates for sub-elements of direct-trunked transport, tandem-switched 
transport, entrance facilities, and dedicated signaling transport that 
differ depending on the zone in which the service is offered, provided 
that the charge for any such service shall not be deaveraged within any 
such zone.
    (1) A switched transport service subelement shall be deemed to be 
offered in the zone that contains the telephone company location from 
which the service is provided.
    (2) A switched transport service subelement provided to a customer 
between telephone company locations shall be deemed to be offered in the 
highest priced zone that contains either of the locations between which 
the service is offered.
    (e)(1) Telephone companies not subject to price cap regulation may 
charge a rate for each service in the highest priced zone that exceeds 
the rate for the same service in the lowest priced zone by no more than 
fifteen percent of the rate for the service in the lowest priced zone 
during the period from the date that the zones are initially established 
through the following June 30. The difference between the rates for any 
such service in the highest priced zone and the lowest priced zone in a 
study area, measured as a percentage of the rate for the service in the 
lowest priced zone, may increase by no more than an additional fifteen 
percentage points in each succeeding year, measured from the rate 
differential in effect on the last day of the preceding tariff year.

[[Page 425]]

    (2) Notwithstanding Sec. 69.3(e)(7), incumbent local exchange 
carriers subject to price cap regulation may charge different rates for 
services in different zones pursuant to Sec. 61.47(f) of this chapter, 
provided that the charges for any such service are not deaveraged within 
any such zone.
    (f)(1) An incumbent local exchange carrier that establishes density 
pricing zones under this section must reallocate additional amounts 
recovered under the interconnection charge prescribed in Sec. 69.124 of 
this subpart to facilities-based transport rates, to reflect the higher 
costs of serving lower density areas. Each incumbent local exchange 
carrier must reallocate costs from the interexchange charge each time it 
increases the ratio between the prices in its lowest-cost zone and any 
other zone in that study area.
    (2) Any incumbent local exchange carrier that has already deaveraged 
its rates on January 1, 1998 must reallocate an amount equivalent to 
that described in paragraph (f)(1) of this section from the 
interconnection charge prescribed in Sec. 69.124 to its transport 
services.
    (3) Price cap local exchange carriers shall reassign to direct-
trunked transport and tandem-switched transport categories or 
subcategories interconnection charge amounts reallocated under paragraph 
(f)(1) or (f)(2) of this section in a manner that reflects the way 
density pricing zones are being implemented by the incumbent local 
exchange carrier.

[57 FR 54333, Nov. 18, 1992, as amended by 58 FR 48764, Sept. 17, 1993; 
62 FR 31935, June 11, 1997; 64 FR 51267, Sept. 22, 1999; 69 FR 25336, 
May 6, 2004]

    Effective Date Note: At 69 FR 25336, May 6, 2004, Sec. 69.123 was 
amended by revising paragraphs (a)(1), (c), and (d) introductory text 
and by removing and reserving paragraph (a)(2). These paragraphs contain 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.