47 C.F.R. § 51.607
Wholesale pricing standard
The wholesale rate that an incumbent LEC may charge for a telecommunications service provided for resale to other telecommunications carriers shall equal the rate for the telecommunications service, less avoided retail costs, as described in section 51.609. For purposes of this subpart, exchange access services, as defined in section 3 of the Act, shall not be considered to be telecommunications services that incumbent LECs must make available for resale at wholesale rates to requesting telecommunications carriers.
Notes of Decisions
Cited in 7
cases, 2000–2012 · leading case: Iowa Utils. Bd. v. Fed. Commc'ns Comm'n & United States of Am., 219 F.3d 744 (8th Cir. 2000).
Iowa Utils. Bd. v. Fed. Commc'ns Comm'n & United States of Am., 219 F.3d 744 (8th Cir. 2000). “” Pursuant to this section, the FCC promulgated 47 C.F.R. § 51.607 which excludes “avoided retail costs” from wholesale rates.”
MCI Telecomm. Corp. v. Bell Atl.-Pennsylvania, Inc., 271 F.3d 491 (3d Cir. 2001). “” 47 U.S.C. § 153 (43). The FCC established a wholesale pricing standard for § 251(c)(4), equal to “the rate for the telecommunications service, less avoided retail costs.”
New Access Commc'ns, L.L.C. v. Qwest Corp., 368 F. Supp. 2d 952 (D. Minn. 2005). “§ 252 (d)(3); 47 C.F.R. § 51.607 (a). Notwithstanding the Act’s requirement that C-LECs be extended adjusted wholesale rates, I-LECs are not required to adjust and make available to C-LECs short-term promotional retail prices.”
Puerto Rico Tel. Co. v. Puerto Rico Telecomm. Regulatory Bd., 825 F. Supp. 2d 327 (D.P.R. 2011). “§ 252 (d)(3); 47 C.F.R. §§ 51.607 , 51.609. However, services known as “exchange access services” are not subject to the wholesale rate requirement.”
dPi Teleconnect, L.L.C. v. Finley, 844 F. Supp. 2d 664 (E.D.N.C. 2012). “§ 252 (d)(3); 47 C.F.R. § 51.607 . However, this “avoided retail costs” figure is not an individualized determination that actually reflects the costs avoided on each transaction.”
Pr Tel. v. Pr Telecomms. Regulatory, 825 F. Supp. 2d 327 (D.P.R. 2011). “§ 252 (d)(3); 47 C.F.R. §§ 51.607 , 51.609. However, services known as "exchange access services" are not subject to the wholesale rate requirement.”
Iowa Utils. Bd. v. FCC (8th Cir. 2000). “" Pursuant to this section, the FCC promulgated 47 C.F.R. § 51.607 which excludes "avoided retail costs" from wholesale rates.”
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