(a) Rates for transport and termination of Non-Access Telecommunications Traffic shall be symmetrical, unless carriers mutually agree otherwise, except as provided in paragraphs (b) and (c) of this section.
(1) For purposes of this subpart, symmetrical rates are rates that a carrier other than an incumbent LEC assesses upon an incumbent LEC for transport and termination of Non-Access Telecommunications Traffic equal to those that the incumbent LEC assesses upon the other carrier for the same services.
(2) In cases where both parties are incumbent LECs, or neither party is an incumbent LEC, a state commission shall establish the symmetrical rates for transport and termination based on the larger carrier's forward-looking costs.
(3) Where the switch of a carrier other than an incumbent LEC serves a geographic area comparable to the area served by the incumbent LEC's tandem switch, the appropriate rate for the carrier other than an incumbent LEC is the incumbent LEC's tandem interconnection rate.
(b) Except as provided in § 51.705, a state commission may establish asymmetrical rates for transport and termination of Non-Access Telecommunications Traffic only if the carrier other than the incumbent LEC (or the smaller of two incumbent LECs) proves to the state commission on the basis of a cost study using the forward-looking economic cost based pricing methodology described in §§ 51.505 and 51.511, that the forward-looking costs for a network efficiently configured and operated by the carrier other than the incumbent LEC (or the smaller of two incumbent LECs), exceed the costs incurred by the incumbent LEC (or the larger incumbent LEC), and, consequently, that such that a higher rate is justified.
(c) Pending further proceedings before the Commission, a state commission shall establish the rates that licensees in the Paging and Radiotelephone Service (defined in part 22, subpart E of this chapter), Narrowband Personal Communications Services (defined in part 24, subpart D of this chapter), and Paging Operations in the Private Land Mobile Radio Services (defined in part 90, subpart P of this chapter) may assess upon other carriers for the transport and termination of telecommunications traffic based on the forward-looking costs that such licensees incur in providing such services, pursuant to §§ 51.505 and 51.511. Such licensees' rates shall not be set based on the default proxies described in § 51.707.
[61 FR 45619, Aug. 29, 1996 , as amended at 76 FR 73856, Nov. 29, 2011]
Notes of Decisions
MCI Telecomm. Corp. v. Ohio Bell Tel. Co., 279 F. Supp. 2d 947 (S.D. Ohio 2003).
· cites it 8× “The Commission’s guidelines applicable to this dispute are based upon the FCC rule found at 47 CFR § 51.711 (a)(3) which provides 3 : Where the switch of a carrier other than an incumbent LEC serves a geographic area comparable to the area served by the incumbent LEC’s tandem…”
New Cingular Wireless PCS, LLC v. Finley, 674 F.3d 225 (4th Cir. 2012).
· cites it 4× “5; see 47 C.F.R. § 51.711 (a) (“[SJymmetrical rates are rates that a carrier other than an incumbent LEC assesses upon an incumbent LEC for transport and termination of telecommunications traffic equal to those that the incumbent LEC assesses upon the other carrier for the same…”
US West Commc'ns, Inc. v. Minnesota Pub. Utils. Comm'n, 55 F. Supp. 2d 968 (D. Minnesota 1999).
· cites it 3× “First Report and Order, ¶ 1090; 47 C.F.R. § 51.711 (a)(3). 5 Therefore, in order to evaluate whether a switch performs as a tandem switch, it is appropriate to look at both the function and geographic scope of the switch at issue.”
MCI Telecomm. Corp. v. Michigan Bell Tel. Co., 79 F. Supp. 2d 768 (E.D. Mich. 1999).
· cites it 2× “First Report and Order ¶ 1090 (emphasis added) (JA45); 47 C.F.R. § 51.711 (a)(3). MCI uses a fiber optic ring to aggregate and route calls.”
Bell Atl. Maryland, Inc. v. MCI Worldcom, Inc., 240 F.3d 279 (4th Cir. 2001).
“§ 251 (b)(5) (imposing duty of reciprocal compensation on telecommunications carriers); 47 C.F.R. § 51.711 (elaborating on the duty of reciprocal compensation).”
Sprint-Florida, Inc. v. Jaber, 885 So. 2d 286 (Fla. 2004).
· cites it 2× “The Commission found that an ALEC may be so entitled under (1) 47 C.F.R. § 51.711 , when its switch serves a geographic area comparable to the area served by the ILEC's tandem switch; or (2) paragraph 1090 of In the Matter of Implementation of the Local Competition Provisions in…”
Iowa Network Servs., Inc. v. Qwest Corp., 385 F. Supp. 2d 850 (S.D. Iowa 2005).
“See 47 C.F.R. § 51.711 (a)(2). 35 .Even if it were relevant, Qwest contends it did not transport the calls at issue over an exchange boundary.”
Verizon North Inc. v. Telnet Worldwide, Inc., 440 F. Supp. 2d 700 (W.D. Mich. 2006).
· cites it 5× “47 C.F.R. § 51.711 (a)(1). State commissions are required to establish reciprocal compensation rates in accordance with FCC rules.”
Pac. Bell v. Cook Telecom, Inc., 197 F.3d 1236 (9th Cir. 1999).
· cites it 2× “) Finally, 47 C.F.R. § 51.711 (c) provides that “a state commission shall establish the rates that licensees in the Paging and Radiotelephone service .”
IN Bell Tele Co v. McCarty, William D., 362 F.3d 378 (7th Cir. 2004).
· cites it 5× “Hence, if a new entrant can show that its one switch “serves a geographic area comparable to the area served by the [incumbents’] tandem switch,” 47 C.F.R. § 51.711 (a)(3) (2003), then the new entrant can charge the incumbent the higher tandem rate for calls terminating on the…”
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