Sec.  61.26   Tariffing of competitive interstate switched exchange access
services.

   (a)  Definitions.  For  purposes  of this section 61.26, the following
   definitions shall apply:

   (1) CLEC shall mean a local exchange carrier that provides some or all of
   the interstate exchange access services used to send traffic to or from an
   end  user  and does not fall within the definition of “incumbent local
   exchange carrier” in 47 U.S.C. 251(h).

   (2) Competing ILEC shall mean the incumbent local exchange carrier, as
   defined in 47 U.S.C. 251(h), that would provide interstate exchange access
   services,  in  whole or in part, to the extent those services were not
   provided by the CLEC.

   (3)  Interstate  switched  exchange  access services shall include the
   functional  equivalent of the ILEC interstate exchange access services
   typically associated with following rate elements: carrier common line
   (originating);  carrier  common  line  (terminating); local end office
   switching; interconnection charge; information surcharge; tandem switched
   transport termination (fixed); tandem switched transport facility (per
   mile); tandem switching.

   (4) Non-rural ILEC shall mean an incumbent local exchange carrier that is
   not a rural telephone company under 47 U.S.C. 153(37).

   (5) The rate for interstate switched exchange access services shall mean the
   composite, per-minute rate for these services, including all applicable
   fixed and traffic-sensitive charges.

   (6)  Rural CLEC shall mean a CLEC that does not serve (i.e., terminate
   traffic to or originate traffic from) any end users located within either:

   (i) Any incorporated place of 50,000 inhabitants or more, based on the most
   recently available population statistics of the Census Bureau or

   (ii) An urbanized area, as defined by the Census Bureau.

   (b) Except as provided in paragraphs (c) and (e) of this section, a CLEC
   shall not file a tariff for its interstate switched exchange access services
   that prices those services above the higher of:

   (1) The rate charged for such services by the competing ILEC or

   (2) The lower of:

   (i) The benchmark rate described in paragraph (c) of this section or

   (ii) The lowest rate that the CLEC has tariffed for its interstate exchange
   access services, within the six months preceding June 20, 2001.

   (c) From June 20, 2001 until June 20, 2002, the benchmark rate for a CLEC's
   interstate switched exchange access services will be $0.025 per minute. From
   June  20,  2002  until  June 20, 2003, the benchmark rate for a CLEC's
   interstate switched exchange access services will be $0.018 per minute. From
   June  20,  2003  until  June 21, 2004, the benchmark rate for a CLEC's
   interstate switched exchange access services will be $0.012 per minute.
   After June 21, 2004, the benchmark rate for a CLEC's interstate switched
   exchange access services will be the rate charged for similar services by
   the competing ILEC, provided, however, that the benchmark rate for a CLEC's
   interstate switched exchange access services will not move to bill-and-keep,
   if at all, until June 20, 2005.

   (d) Notwithstanding paragraphs (b) and (c) of this section, in the event
   that, after June 20, 2001, a CLEC begins serving end users in a metropolitan
   statistical area (MSA) where it has not previously served end users, the
   CLEC shall not file a tariff for its interstate exchange access services in
   that MSA that prices those services above the rate charged for such services
   by the competing ILEC.

   (e) Rural exemption. Notwithstanding paragraphs (b) through (d) of this
   section, a rural CLEC competing with a non-rural ILEC shall not file a
   tariff  for  its interstate exchange access services that prices those
   services above the rate prescribed in the NECA access tariff, assuming the
   highest rate band for local switching. In addition to that NECA rate, the
   rural CLEC may assess a presubscribed interexchange carrier charge if, and
   only to the extent that, the competing ILEC assesses this charge.

   (f) If a CLEC provides some portion of the interstate switched exchange
   access services used to send traffic to or from an end user not served by
   that CLEC, the rate for the access services provided may not exceed the rate
   charged by the competing ILEC for the same access services.

   [ 66 FR 27900 , May 21, 2001;  66 FR 28774 , May 24, 2001;  69 FR 35269 , June 24,
   2004]

Subpart D—General Tariff Rules for International Dominant Carriers