Sec.  51.715   Interim transport and termination pricing.

   (a) Upon request from a telecommunications carrier without an existing
   interconnection arrangement with an incumbent LEC, the incumbent LEC shall
   provide transport and termination of telecommunications traffic immediately
   under an interim arrangement, pending resolution of negotiation or
   arbitration regarding transport and termination rates and approval of such
   rates by a state commission under sections 251 and 252 of the Act.

   (1) This requirement shall not apply when the requesting carrier has an
   existing interconnection arrangement that provides for the transport and
   termination of telecommunications traffic by the incumbent LEC.

   (2) A telecommunications carrier may take advantage of such an interim
   arrangement only after it has requested negotiation with the incumbent LEC
   pursuant to  Sec. 51.301.

   (b) Upon receipt of a request as described in paragraph (a) of this section,
   an incumbent LEC must, without unreasonable delay, establish an interim
   arrangement for transport and termination of telecommunications traffic at
   symmetrical rates.

   (1) In a state in which the state commission has established transport and
   termination rates based on forward-looking economic cost studies, an
   incumbent LEC shall use these state-determined rates as interim transport
   and termination rates.

   (2) In a state in which the state commission has established transport and
   termination rates consistent with the default price ranges and ceilings
   described in  Sec. 51.707, an incumbent LEC shall use these state-determined
   rates as interim rates.

   (3) In a state in which the state commission has neither established
   transport and termination rates based on forward-looking economic cost
   studies nor established transport and termination rates consistent with the
   default price ranges described in  Sec. 51.707, an incumbent LEC shall set
   interim transport and termination rates at the default ceilings for
   end-office switching (0.4 cents per minute of use), tandem switching (0.15
   cents per minute of use), and transport (as described in  Sec. 51.707(b)(2)).

   (c) An interim arrangement shall cease to be in effect when one of the
   following occurs with respect to rates for transport and termination of
   telecommunications traffic subject to the interim arrangement:

   (1) A voluntary agreement has been negotiated and approved by a state
   commission;

   (2) An agreement has been arbitrated and approved by a state commission; or

   (3) The period for requesting arbitration has passed with no such request.

   (d) If the rates for transport and termination of telecommunications traffic
   in an interim arrangement differ from the rates established by a state
   commission pursuant to  Sec. 51.705, the state commission shall require carriers
   to make adjustments to past compensation. Such adjustments to past
   compensation shall allow each carrier to receive the level of compensation
   it would have received had the rates in the interim arrangement equalled the
   rates later established by the state commission pursuant to  Sec. 51.705.