§ 51.913   Transition for VoIP-PSTN traffic.

   (a)(1) Terminating Access Reciprocal Compensation subject to this subpart
   exchanged between a local exchange carrier and another telecommunications
   carrier in Time Division Multiplexing (TDM) format that originates and/or
   terminates in IP format shall be subject to a rate equal to the relevant
   interstate terminating access charges specified by this subpart. Interstate
   originating Access Reciprocal Compensation subject to this subpart exchanged
   between a local exchange carrier and another telecommunications carrier in
   Time Division Multiplexing (TDM) format that originates and/or terminates in
   IP  format shall be subject to a rate equal to the relevant interstate
   originating access charges specified by this subpart.

   (2)  Until  June  30,  2014,  intrastate originating Access Reciprocal
   Compensation subject to this subpart exchanged between a local exchange
   carrier and another telecommunications carrier in Time Division Multiplexing
   (TDM) format that originates and/or terminates in IP format shall be subject
   to  a rate equal to the relevant intrastate originating access charges
   specified  by this subpart. Effective July 1, 2014, originating Access
   Reciprocal Compensation subject to this subpart exchanged between a local
   exchange carrier and another telecommunications carrier in Time Division
   Multiplexing (TDM) format that originates and/or terminates in IP format
   shall be subject to a rate equal to the relevant interstate originating
   access charges specified by this subpart.

   (3) 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.

   (b) Notwithstanding any other provision of the Commission's rules, a local
   exchange carrier shall be entitled to assess and collect the full Access
   Reciprocal Compensation charges prescribed by this subpart that are set
   forth in a local exchange carrier's interstate or intrastate tariff for the
   access services defined in § 51.903 regardless of whether the local exchange
   carrier itself delivers such traffic to the called party's premises or
   delivers the call to the called party's premises via contractual or other
   arrangements with an affiliated or unaffiliated provider of interconnected
   VoIP service, as defined in 47 U.S.C. 153(25), or a non-interconnected VoIP
   service, as defined in 47 U.S.C. 153(36), that does not itself seek to
   collect Access Reciprocal Compensation charges prescribed by this subpart
   for that traffic. This rule does not permit a local exchange carrier to
   charge for functions not performed by the local exchange carrier itself or
   the affiliated or unaffiliated provider of interconnected VoIP service or
   non-interconnected VoIP service. For purposes of this provision, functions
   provided  by  a LEC as part of transmitting telecommunications between
   designated points using, in whole or in part, technology other than TDM
   transmission in a manner that is comparable to a service offered by a local
   exchange carrier constitutes the functional equivalent of the incumbent
   local exchange carrier access service.

   [ 76 FR 73856 , Nov. 29, 2011, as amended at  77 FR 31536 , May 29, 2012]

   (a) Access Reciprocal Compensation subject to this subpart exchanged between
   a local exchange carrier and another telecommunications carrier in Time
   Division Multiplexing (TDM) format that originates and/or terminates in IP
   format shall be subject to a rate equal to the relevant interstate access
   charges specified by this subpart. 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.

   (b) Notwithstanding any other provision of the Commission's rules, a local
   exchange carrier shall be entitled to assess and collect the full Access
   Reciprocal Compensation charges prescribed by this subpart that are set
   forth in a local exchange carrier's interstate or intrastate tariff for the
   access services defined in § 51.903 regardless of whether the local exchange
   carrier itself delivers such traffic to the called party's premises or
   delivers the call to the called party's premises via contractual or other
   arrangements with an affiliated or unaffiliated provider of interconnected
   VoIP service, as defined in 47 U.S.C. 153(25), or a non-interconnected VoIP
   service, as defined in 47 U.S.C. 153(36), that does not itself seek to
   collect Access Reciprocal Compensation charges prescribed by this subpart
   for that traffic. This rule does not permit a local exchange carrier to
   charge for functions not performed by the local exchange carrier itself or
   the affiliated or unaffiliated provider of interconnected VoIP service or
   non-interconnected VoIP service. For purposes of this provision, functions
   provided  by  a LEC as part of transmitting telecommunications between
   designated points using, in whole or in part, technology other than TDM
   transmission in a manner that is comparable to a service offered by a local
   exchange carrier constitutes the functional equivalent of the incumbent
   local exchange carrier access service.

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