47 C.F.R. § 51.913

Transition for VoIP-PSTN traffic

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(a)(1) Terminating Access Reciprocal Compensation subject to this subpart exchanged between a local exchange carrier and another telecommunications carrier in Time Division Multiplexing (TDM) format that originates and/or terminates in IP format shall be subject to a rate equal to the relevant interstate terminating access charges specified by this subpart. Interstate originating Access Reciprocal Compensation subject to this subpart exchanged between a local exchange carrier and another telecommunications carrier in Time Division Multiplexing (TDM) format that originates and/or terminates in IP format shall be subject to a rate equal to the relevant interstate originating access charges specified by this subpart.

(2) Until June 30, 2014, intrastate originating Access Reciprocal Compensation subject to this subpart exchanged between a local exchange carrier and another telecommunications carrier in Time Division Multiplexing (TDM) format that originates and/or terminates in IP format shall be subject to a rate equal to the relevant intrastate originating access charges specified by this subpart. Effective July 1, 2014, originating Access Reciprocal Compensation subject to this subpart exchanged between a local exchange carrier and another telecommunications carrier in Time Division Multiplexing (TDM) format that originates and/or terminates in IP format shall be subject to a rate equal to the relevant interstate originating access charges specified by this subpart.

(3) 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.

(b) Notwithstanding any other provision of the Commission's rules, a local exchange carrier shall be entitled to assess and collect the full Access Reciprocal Compensation charges prescribed by this subpart that are set forth in a local exchange carrier's interstate or intrastate tariff for the access services defined in § 51.903 regardless of whether the local exchange carrier itself delivers such traffic to the called party's premises or delivers the call to the called party's premises via contractual or other arrangements with an affiliated or unaffiliated provider of interconnected VoIP service, as defined in 47 U.S.C. 153(25), or a non-interconnected VoIP service, as defined in 47 U.S.C. 153(36), that does not itself seek to collect Access Reciprocal Compensation charges prescribed by this subpart for that traffic. This rule does not permit a local exchange carrier to charge for functions not performed by the local exchange carrier itself or the affiliated or unaffiliated provider of interconnected VoIP service or non-interconnected VoIP service. For purposes of this provision, functions provided by a LEC as part of transmitting telecommunications between designated points using, in whole or in part, technology other than TDM transmission in a manner that is comparable to a service offered by a local exchange carrier constitutes the functional equivalent of the incumbent local exchange carrier access service.

[76 FR 73856, Nov. 29, 2011, as amended at 77 FR 31536, May 29, 2012]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2015–2021 · leading case: At&T Corp. v. Fed. Commc'ns Comm'n, 841 F.3d 1047 (D.C. Cir. 2016).

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At&T Corp. v. Fed. Commc'ns Comm'n, 841 F.3d 1047 (D.C. Cir. 2016). · cites it 2× “The Transformation Order also explicitly asserted the application of its rules across technologies, saying that LECs are entitled to compensation for performing functions “using, in whole or in part, technology other than TDM transmission in a manner that is comparable to a…”

Broadvox-CLEC, LLC v. AT & T Corp., 98 F. Supp. 3d 839 (D. Maryland 2015). · cites it 2× “Broadvox contends that 47 C.F.R. § 51.913 (b), the “VoIP Symmetry Rule” that the FCC implemented in the December 29, 2011 Connect America Fund Order and clarified in the 2015 Declaratory Ruling, permits it to bill AT & T for access services provided in conjunction with calls…”

Teliax, Inc. v. AT&T Corp., 220 F. Supp. 3d 1094 (D. Colo. 2016). · cites it 3× “See CAF Order; 47 C.F.R. § 51.913 (b). Relevant here, as companies began to transmit more calls in data packets over the internet, as opposed to “wireline” from caller to called party, companies involved in transmitting these calls began to argue over how and whether VoIP…”

CenturyLink Commc'ns, LLC v. Peerless Network, Inc. (N.D. Ill. 2021). · cites it 2× “The order defined “End Office Access Service” and “Tandem-Switched Transport Access Service,” under the FCC’s VoIP symmetry rule, 47 C.F.R. § 51.913 (b), allowing a VoIP provider and its LEC to charge for providing the functional equivalent of end office or tandem switching…”

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