§ 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 Non-Access 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 Non-Access 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 § 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 Non-Access 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 not established transport
   and termination rates based on forward-looking economic cost studies, an
   incumbent LEC shall set interim transport and termination rates either at
   the  default  ceilings specified in § 51.705(c) or in accordance with a
   bill-and-keep methodology as defined in § 51.713.

   (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 § 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 § 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  Non-Access
   Telecommunications Traffic in an interim arrangement differ from the rates
   established by a state commission pursuant to § 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 § 51.705.

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

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