§ 51.911   Access reciprocal compensation rates for competitive LECs.

   (a)  Caps on Access Reciprocal Compensation and switched access rates.
   Notwithstanding any other provision of the Commission's rules:

   (1) In the case of Competitive LECs operating in an area served by a Price
   Cap  Carrier,  no  such  Competitive LEC may increase the rate for any
   originating or terminating intrastate switched access service above the rate
   for such service in effect on December 29, 2011.

   (2)  In  the case of Competitive LEC operating in an area served by an
   incumbent  local  exchange carrier that is a Rate-of-Return Carrier or
   Competitive LECs that are subject to the rural exemption in § 61.26(e) of
   this  chapter,  no  such Competitive LEC may increase the rate for any
   originating or terminating intrastate switched access service above the rate
   for such service in effect on December 29, 2011, with the exception of
   intrastate originating access service. For such Competitive LECs, intrastate
   originating access service subject to this subpart shall remain subject to
   the  same state rate regulation in effect December 31, 2011, as may be
   modified by the state thereafter.

   (b) Except as provided in paragraph (b)(7) of this section, beginning July
   3, 2012, notwithstanding any other provision of the Commission's rules, each
   Competitive LEC that has tariffs on file with state regulatory authorities
   shall  file  intrastate  access  tariff provisions, in accordance with
   § 51.505(b)(2),  that  set  forth  the rates applicable to Transitional
   Intrastate Access Service in each state in which it provides Transitional
   Intrastate Access Service. Each Competitive Local Exchange Carrier shall
   establish the rates for Transitional Intrastate Access Service using the
   following methodology.

   (1) Calculate total revenue from Transitional Intrastate Access Service at
   the carrier's interstate access rates in effect on December 29, 2011, using
   Fiscal Year 2011 intrastate switched access demand for each rate element.

   (2) Calculate total revenue from Transitional Intrastate Access Service at
   the carrier's intrastate access rates in effect on December 29, 2011, using
   Fiscal Year 2011 intrastate switched access demand for each rate element.

   (3) Calculate the Step 1 Access Revenue Reduction. The Step 1 Access Revenue
   Reduction  is  equal  to one-half of the difference between the amount
   calculated in (b)(1) of this section and the amount calculated in (b)(2) of
   this section.

   (4) A Competitive Local Exchange Carrier may elect to establish rates for
   Transitional Intrastate Access Service using its intrastate access rate
   structure. Carriers using this option shall establish rates for Transitional
   Intrastate Access Service such that Transitional Intrastate Access Service
   revenue at the proposed rates is no greater than Transitional Intrastate
   Access Service revenue at the intrastate rates in effect as of December 29,
   2011  less the Step 1 Access Revenue Reduction, using Fiscal year 2011
   intrastate switched access demand.

   (5) In the alternative, a Competitive Local Exchange Carrier may elect to
   apply  its  interstate  access  rate structure and interstate rates to
   Transitional Intrastate Access Service. In addition to applicable interstate
   access rates, the carrier may assess a transitional per-minute charge on
   Transitional  Intrastate  Access  Service end office switching minutes
   (previously billed as intrastate access). The transitional charge shall be
   no greater than the Step 1 Access Revenue Reduction divided by Fiscal year
   2011 intrastate switched access demand

   (6) Except as provided in paragraph (b)(7) of this section, nothing in this
   section obligates or allows a Competitive LEC that has intrastate rates
   lower  than  its  functionally equivalent interstate rates to make any
   intrastate tariff filing or intrastate tariff revisions raising such rates.

   (7)  If a Competitive LEC must make an intrastate switched access rate
   reduction pursuant to paragraph (b) of this section, and that Competitive
   LEC has an intrastate rate for a rate element that is below the comparable
   interstate rate for that element, the Competitive LEC may increase the rate
   for any intrastate rate element that is below the comparable interstate rate
   for that element to the interstate rate no later than July 1, 2013;

   (c) Beginning July 1, 2013, notwithstanding any other provision of the
   Commission's rules, all Competitive Local Exchange Carrier Access Reciprocal
   Compensation rates for switched exchange access services subject to this
   subpart shall be no higher than the Access Reciprocal Compensation rates
   charged by the competing incumbent local exchange carrier, in accordance
   with the same procedures specified in § 61.26 of this chapter.

   [ 76 FR 73856 , Nov. 29, 2011, as amended at  77 FR 48452 , Aug. 14, 2012]

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