§ 51.701   Scope of transport and termination pricing rules.

   (a) Effective December 29, 2011, compensation for telecommunications traffic
   exchanged between two telecommunications carriers that is interstate or
   intrastate exchange access, information access, or exchange services for
   such access, other than special access, is specified in subpart J of this
   part.  The  provisions  of this subpart apply to Non-Access Reciprocal
   Compensation for transport and termination of Non-Access Telecommunications
   Traffic between LECs and other telecommunications carriers.

   (b) Non-Access Telecommunications Traffic. For purposes of this subpart,
   Non-Access Telecommunications Traffic means:

   (1)   Telecommunications   traffic  exchanged  between  a  LEC  and  a
   telecommunications  carrier  other  than  a  CMRS provider, except for
   telecommunications traffic that is interstate or intrastate exchange access,
   information access, or exchange services for such access (see FCC 01-131,
   paragraphs 34, 36, 39, 42-43); or

   (2) Telecommunications traffic exchanged between a LEC and a CMRS provider
   that, at the beginning of the call, originates and terminates within the
   same Major Trading Area, as defined in § 24.202(a) of this chapter.

   (3) This definition includes telecommunications traffic exchanged between a
   LEC and another telecommunications carrier in Time Division Multiplexing
   (TDM)  format  that originates and/or terminates in IP format and that
   otherwise meets the definitions in paragraphs (b)(1) or (b)(2) of this
   section. 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.

   (c) Transport. For purposes of this subpart, transport is the transmission
   and any necessary tandem switching of Non-Access Telecommunications Traffic
   subject to section 251(b)(5) of the Communications Act of 1934, as amended,
   47 U.S.C. 251(b)(5), from the interconnection point between the two carriers
   to the terminating carrier's end office switch that directly serves the
   called party, or equivalent facility provided by a carrier other than an
   incumbent LEC.

   (d) Termination. For purposes of this subpart, termination is the switching
   of Non-Access Telecommunications Traffic at the terminating carrier's end
   office switch, or equivalent facility, and delivery of such traffic to the
   called party's premises.

   (e) Non-Access Reciprocal Compensation. For purposes of this subpart, a
   Non-Access Reciprocal Compensation arrangement between two carriers is
   either a bill-and-keep arrangement, per § 51.713, or an arrangement in which
   each  carrier receives intercarrier compensation for the transport and
   termination of Non-Access Telecommunications Traffic.

   [ 61 FR 45619 , Aug. 29, 1996, as amended at  66 FR 26806 , May 15, 2001;  76 FR 73855 , Nov. 29, 2011]

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