§ 51.709   Rate structure for transport and termination.

   (a)  In  state  proceedings,  where  a  rate for Non-Access Reciprocal
   Compensation does not exist as of December 29, 2011, a state commission
   shall  establish  initial  rates  for the transport and termination of
   Non-Access Telecommunications Traffic that are structured consistently with
   the  manner that carriers incur those costs, and consistently with the
   principles in this section.

   (b) The rate of a carrier providing transmission facilities dedicated to the
   transmission of non-access traffic between two carriers' networks shall
   recover only the costs of the proportion of that trunk capacity used by an
   interconnecting carrier to send non-access traffic that will terminate on
   the providing carrier's network. Such proportions may be measured during
   peak periods.

   (c)  For  Non-Access  Telecommunications  Traffic  exchanged between a
   rate-of-return regulated rural telephone company as defined in § 51.5 and a
   CMRS provider, the rural rate-of-return incumbent local exchange carrier
   will be responsible for transport to the CMRS provider's interconnection
   point when it is located within the rural rate-of-return incumbent local
   exchange carrier's service area. When the CMRS provider's interconnection
   point is located outside the rural rate-of-return incumbent local exchange
   carrier's service area, the rural rate-of-return incumbent local exchange
   carrier's transport and provisioning obligation stops at its meet point and
   the  CMRS  provider  is responsible for the remaining transport to its
   interconnection  point.  This paragraph (c) is a default provision and
   applicable in the absence of an existing agreement or arrangement otherwise.

   [ 76 FR 73856 , Nov. 29, 2011]

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