Sec.  69.108   Transport rate benchmark.

   (a) For transport charges computed in accordance with this subpart, the
   DS3-to-DS1 benchmark ratio shall be calculated as follows: the telephone
   company shall calculate the ratio of:

   (1) The total charge for a 1.609 km (1 mi) channel termination, 16.09 km (10
   mi) of interoffice transmission, and one DS3 multiplexer using the telephone
   company's DS3 special access rates to;

   (2) The total charge for a 1.609 km (1 mi) channel termination plus 16.09 km
   (10  mi) of interoffice transmission using the telephone company's DS1
   special access rates.

   (b) Initial transport rates will generally be presumed reasonable if they
   are based on special access rates with a DS3-to-DS1 benchmark ratio of 9.6
   to 1 or higher.

   (c) If a telephone company's initial transport rates are based on special
   access rates with a DS3-to-DS1 benchmark ratio of less than 9.6 to 1, those
   initial transport rates will generally be suspended and investigated absent
   a substantial cause showing by the telephone company. Alternatively, the
   telephone  company  may adjust its initial transport rates so that the
   DS3-to-DS1 ratio calculated as described in paragraph (a) of this section of
   those rates is 9.6 or higher. In that case, initial transport rates that
   depart from existing special access rates effective on September 1, 1992 so
   as to be consistent with the benchmark will be presumed reasonable only so
   long as the ratio of revenue recovered through the interconnection charge to
   the revenue recovered through facilities-based charges is the same as it
   would be if the telephone company's existing special access rates effective
   on September 1, 1992 were used.

   [ 58 FR 41189 , Aug. 3, 1993, as amended at  58 FR 44952 , Aug. 25, 1993;  58 FR 45267 , Aug. 27, 1993]