§ 51.711   Symmetrical reciprocal compensation.

   (a) Rates for transport and termination of Non-Access Telecommunications
   Traffic shall be symmetrical, unless carriers mutually agree otherwise,
   except as provided in paragraphs (b) and (c) of this section.

   (1) For purposes of this subpart, symmetrical rates are rates that a carrier
   other than an incumbent LEC assesses upon an incumbent LEC for transport and
   termination of Non-Access Telecommunications Traffic equal to those that the
   incumbent LEC assesses upon the other carrier for the same services.

   (2) In cases where both parties are incumbent LECs, or neither party is an
   incumbent LEC, a state commission shall establish the symmetrical rates for
   transport and termination based on the larger carrier's forward-looking
   costs.

   (3) Where the switch of a carrier other than an incumbent LEC serves a
   geographic area comparable to the area served by the incumbent LEC's tandem
   switch, the appropriate rate for the carrier other than an incumbent LEC is
   the incumbent LEC's tandem interconnection rate.

   (b)  Except  as  provided in § 51.705, a state commission may establish
   asymmetrical   rates  for  transport  and  termination  of  Non-Access
   Telecommunications Traffic only if the carrier other than the incumbent LEC
   (or the smaller of two incumbent LECs) proves to the state commission on the
   basis of a cost study using the forward-looking economic cost based pricing
   methodology described in § § 51.505 and 51.511, that the forward-looking costs
   for a network efficiently configured and operated by the carrier other than
   the incumbent LEC (or the smaller of two incumbent LECs), exceed the costs
   incurred  by  the  incumbent  LEC  (or the larger incumbent LEC), and,
   consequently, that such that a higher rate is justified.

   (c) Pending further proceedings before the Commission, a state commission
   shall establish the rates that licensees in the Paging and Radiotelephone
   Service (defined in part 22, subpart E of this chapter), Narrowband Personal
   Communications Services (defined in part 24, subpart D of this chapter), and
   Paging Operations in the Private Land Mobile Radio Services (defined in part
   90,  subpart P of this chapter) may assess upon other carriers for the
   transport  and  termination of telecommunications traffic based on the
   forward-looking costs that such licensees incur in providing such services,
   pursuant to § § 51.505 and 51.511. Such licensees' rates shall not be set
   based on the default proxies described in § 51.707.

   [ 61 FR 45619 , Aug. 29, 1996 , as amended at  76 FR 73856 , Nov. 29, 2011]

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