(a) Effective December 29, 2011, compensation for telecommunications traffic exchanged between two telecommunications carriers that is interstate or intrastate exchange access, information access, or exchange services for such access, other than special access, is specified in subpart J of this part. The provisions of this subpart apply to Non-Access Reciprocal Compensation for transport and termination of Non-Access Telecommunications Traffic between LECs and other telecommunications carriers.
(b) Non-Access Telecommunications Traffic. For purposes of this subpart, Non-Access Telecommunications Traffic means:
(1) Telecommunications traffic exchanged between a LEC and a telecommunications carrier other than a CMRS provider, except for telecommunications traffic that is interstate or intrastate exchange access, information access, or exchange services for such access (see FCC 01-131, paragraphs 34, 36, 39, 42-43); or
(2) Telecommunications traffic exchanged between a LEC and a CMRS provider that, at the beginning of the call, originates and terminates within the same Major Trading Area, as defined in § 24.202(a) of this chapter.
(3) This definition includes telecommunications traffic exchanged between a LEC and another telecommunications carrier in Time Division Multiplexing (TDM) format that originates and/or terminates in IP format and that otherwise meets the definitions in paragraphs (b)(1) or (b)(2) of this section. Telecommunications traffic originates and/or terminates in IP format if it originates from and/or terminates to an end-user customer of a service that requires Internet protocol-compatible customer premises equipment.
(c) Transport. For purposes of this subpart, transport is the transmission and any necessary tandem switching of Non-Access Telecommunications Traffic subject to section 251(b)(5) of the Communications Act of 1934, as amended, 47 U.S.C. 251(b)(5), from the interconnection point between the two carriers to the terminating carrier's end office switch that directly serves the called party, or equivalent facility provided by a carrier other than an incumbent LEC.
(d) Termination. For purposes of this subpart, termination is the switching of Non-Access Telecommunications Traffic at the terminating carrier's end office switch, or equivalent facility, and delivery of such traffic to the called party's premises.
(e) Non-Access Reciprocal Compensation. For purposes of this subpart, a Non-Access Reciprocal Compensation arrangement between two carriers is either a bill-and-keep arrangement, per § 51.713, or an arrangement in which each carrier receives intercarrier compensation for the transport and termination of Non-Access Telecommunications Traffic.
[61 FR 45619, Aug. 29, 1996, as amended at 66 FR 26806, May 15, 2001; 76 FR 73855, Nov. 29, 2011]
Notes of Decisions
W. Radio Servs. Co. v. Qwest Corp., 678 F.3d 970 (9th Cir. 2012).
· cites it 6× “See 47 C.F.R. § 51.701 (b). In the former situation, reciprocal compensation applies to all traffic exchanged “that, at the beginning of the call, originates and terminates within the same Major Trading Area.”
Talk Am., Inc. v. Michigan Bell Tel. Co., 131 S. Ct. 2254 (2011).
· cites it 2× “§§251 (b)(5), 252(d)(2); 47 CFR §51.701 . The Commission explains that a competitive LEC typically pays one fee for interconnection—“just for having the link”—and then an additional fee for the transport and termination of tele phone calls.”
Bell Atl. Maryland, Inc. v. MCI Worldcom, Inc., 240 F.3d 279 (4th Cir. 2001).
· cites it 2× “” 47 C.F.R. § 51.701 (a) (emphasis added). The interconnection agreements, whether reached through voluntary negotiation or through arbitration, are subject to review by State public service commissions and thereafter, in circumstances specified by the 1996 Act, by federal…”
Worldcom, Inc. v. Fed. Commc'ns Comm'n & United States of Am., Sprint Corp., Intervenors, 288 F.3d 429 (D.C. Cir. 2002).
“In the Matter of Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, 11 FCC Red 15499, 16012-13, ¶¶ 1033-34, 16015-16, ¶ 1040, 1996 WL 452885 (1996) (“Local Competition Order”); 47 C.F.R. § 51.701 (a). For long distance calls, by contrast,…”
New Cingular Wireless PCS, LLC v. Finley, 674 F.3d 225 (4th Cir. 2012).
· cites it 4× “” 47 C.F.R. § 51.701 (c). Reciprocal compensation arrangements must “provide for the mutual and reciprocal recovery by each carrier of costs associated with the transport and termination on each carrier’s network facilities of calls that originate on the network facilities of…”
ASAP Paging Inc. v. Pub. Util. Comm'n of Texas, 213 S.W.3d 380 (Tex. App. 2006).
· cites it 2× “See 47 C.F.R. § 51.701 (e). This is also referred to as “transiting traffic”: traffic that originates from a earner other than the interconnecting LEC but nonetheless is carried over the LEC network to the paging carrier’s network.”
S. New England Tel. Co. v. MCI Worldcom Commc'ns, Inc., 353 F. Supp. 2d 287 (D. Conn. 2005).
· cites it 4× “These two holdings — that (1) reciprocal compensation was only due for calls that originated and terminated in the same “local area” and (2) states would determine what constituted a “local area” — were codified at 47 C.F.R. § 51.701 . 2. The ISP Situation Initially ILECs were…”
Puerto Rico Tel. Co., Inc. v. Sprintcom, Inc., 662 F.3d 74 (1st Cir. 2011).
“” 47 C.F.R. § 51.701 (e). An assumption behind this reciprocal compensation system was that traffic back and forth on these interconnected networks would be relatively balanced such that no carrier would disproportionately benefit from the reciprocal payments.”
Global NAPS, Inc. v. Verizon New England, Inc., 327 F. Supp. 2d 290 (D. Vt. 2004).
· cites it 3× “See 47 C.F.R. § 51.701 (e) (2003). Reciprocal compensation does not apply, however, to telecommunications traffic “that is interstate or intrastate exchange access, information access, or exchange services for such access.”
Fitch v. Pub. Util. Comm'n, 261 F. App'x 788 (5th Cir. 2008).
· cites it 4× “§ 251 ; 47 C.F.R. § 51.701 (e). The FCC has established rules that govern these "reciprocal compensation” payments.”
— 47 C.F.R. § 51.701(b)(2) — 2 cases
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