(a)-(b) [Reserved]
(c) Notwithstanding §§ 51.505, 51.511, and 51.513(d)(2) and paragraph (a) of this section, an incumbent LEC may assess upon telecommunications carriers that purchase unbundled local switching elements, as described in § 51.319(c)(1), for intrastate toll minutes of use traversing such unbundled local switching elements, intrastate access charges comparable to those listed in paragraph (b) and any explicit intrastate universal service mechanism based on access charges, only until the earliest of the following, and not thereafter:
(1) June 30, 1997;
(2) The effective date of a state commission decision that an incumbent LEC may not assess such charges; or
(3) With respect to a Bell operating company only, the date on which that company is authorized to offer in-region interLATA service in the state pursuant to section 271 of the Act. The end date for Bell operating companies that are authorized to offer interLATA service shall apply only to the recovery of access charges in those states in which the Bell operating company is authorized to offer such service.
(d) Interstate access charges described in part 69 shall not be assessed by incumbent LECs on each element purchased by requesting carriers providing both telephone exchange and exchange access services to such requesting carriers' end users.
[61 FR 45619, Aug. 29, 1996, as amended at 62 FR 45587, Aug. 28, 1997; 71 FR 65750, Nov. 9, 2006]
Notes of Decisions
Qwest Corp. v. United States, 48 Fed. Cl. 672 (Fed. Cl. 2001).
“See 47 C.F.R. § 51.515 (a). The FCC interpreted the Telecom Act as giving CLECs the right to “purchase exclusive access” to Qwest’s loops.”
Sw. Bell Tel. Co. v. Fed. Commc'ns Comm'n, 153 F.3d 523 (8th Cir. 1998).
“As the BellSouth petitioners acknowledge, the FCC created a general exemption from the assessment of access charges by LECs on purchasers of UNEs, and permitted LECs to assess the CCLC and seventy-five percent of the TIC from such purchasers until June 30, 1997, see 47 C.F.R. §…”
At & T Commc'ns of S. States, Inc. v. GTE Florida, Inc., 123 F. Supp. 2d 1318 (N.D. Fla. 2000).
“47 C.F.R. § 51.515 (a). According to the plain terms of this regulation, which became effective as of June 30, 1997, GTE cannot collect access charges on account of access services provided by AT & T by means of network elements purchased by AT & T from GTE.”
US West Commc'ns, Inc. v. Jennings, 304 F.3d 950 (9th Cir. 2002).
“Although temporarily not in effect at the time of the district court’s decision, 47 C.F.R. § 51.515 (a) has since been reinstated by the Supreme Court.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.