Sec.  51.515   Application of access charges.

   (a) Neither the interstate access charges described in part 69 of this
   chapter nor comparable intrastate access charges shall be assessed by an
   incumbent LEC on purchasers of elements that offer telephone exchange or
   exchange access services.

   (b) Notwithstanding  Sec.  Sec. 51.505, 51.511, and 51.513(d)(2) and paragraph (a) of
   this section, an incumbent LEC may assess upon telecommunications carriers
   that purchase unbundled local switching elements, as described in
    Sec. 51.319(c)(1), for interstate minutes of use traversing such unbundled local
   switching elements, the carrier common line charge described in  Sec. 69.105 of
   this chapter, and a charge equal to 75% of the interconnection charge
   described in  Sec. 69.124 of this chapter, only until the earliest of the
   following, and not thereafter:

   (1) June 30, 1997;

   (2) The later of the effective date of a final Commission decision in CC
   Docket No. 96–45, Federal-State Joint Board on Universal Service, or the
   effective date of a final Commission decision in a proceeding to consider
   reform of the interstate access charges described in part 69; or

   (3) With respect to a Bell operating company only, the date on which that
   company is authorized to offer in-region interLATA service in a state
   pursuant to section 271 of the Act. The end date for Bell operating
   companies that are authorized to offer interLATA service shall apply only to
   the recovery of access charges in those states in which the Bell operating
   company is authorized to offer such service.

   (c) Notwithstanding  Sec.  Sec. 51.505, 51.511, and 51.513(d)(2) and paragraph (a) of
   this section, an incumbent LEC may assess upon telecommunications carriers
   that purchase unbundled local switching elements, as described in
    Sec. 51.319(c)(1), for intrastate toll minutes of use traversing such unbundled
   local switching elements, intrastate access charges comparable to those
   listed in paragraph (b) and any explicit intrastate universal service
   mechanism based on access charges, only until the earliest of the following,
   and not thereafter:

   (1) June 30, 1997;

   (2) The effective date of a state commission decision that an incumbent LEC
   may not assess such charges; or

   (3) With respect to a Bell operating company only, the date on which that
   company is authorized to offer in-region interLATA service in the state
   pursuant to section 271 of the Act. The end date for Bell operating
   companies that are authorized to offer interLATA service shall apply only to
   the recovery of access charges in those states in which the Bell operating
   company is authorized to offer such service.

   (d) Interstate access charges described in part 69 shall not be assessed by
   incumbent LECs on each element purchased by requesting carriers providing
   both telephone exchange and exchange access services to such requesting
   carriers' end users.

   [ 61 FR 45619 , Aug. 29, 1996, as amended at  62 FR 45587 , Aug. 28, 1997]

Subpart G—Resale