§ 63.60   Definitions.

   For the purposes of this part, the following definitions shall apply:

   (a) For the purposes of § § 63.60 through 63.90, the term “carrier,” when used
   to refer either to all telecommunications carriers or more specifically to
   non-dominant telecommunications carriers, shall include interconnected VoIP
   providers.

   (b) Discontinuance, reduction, or impairment of service includes, but is not
   limited to the following:

   (1) The closure by a carrier of a telephone exchange rendering interstate or
   foreign telephone toll service, a public toll station serving a community or
   part of a community, or a public coast station as defined in § 80.5 of this
   chapter;

   (2) The reduction in hours of service by a carrier at a telephone exchange
   rendering interstate or foreign telephone toll service, at any public toll
   station (except at a toll station at which the availability of service to
   the public during any specific hours is subject to the control of the agent
   or other persons controlling the premises on which such office or toll
   station is located and is not subject to the control of such carrier), or at
   a public coast station; the term reduction in hours of service does not
   include a shift in hours which does not result in any reduction in the
   number of hours of service.

   (3) The conversion of an interconnected VoIP service to a service that
   permits  users  to receive calls that originate on the public switched
   telephone network but not terminate calls to the public switched telephone
   network, or the converse.

   (4) The dismantling or removal from service of any trunk line by a carrier
   which  has  the effect of impairing the adequacy or quality of service
   rendered to any community or part of a community;

   (5) The severance by a carrier of physical connection with another carrier
   (including  connecting  carriers  as  defined  in  section 3(u) of the
   Communications Act of 1934, as amended) or the termination or suspension of
   the interchange of traffic with such other carrier;

   (c) Emergency discontinuance, reduction, or impairment of service means any
   discontinuance,  reduction,  or impairment of the service of a carrier
   occasioned  by conditions beyond the control of such carrier where the
   original service is not restored or comparable service is not established
   within a reasonable time. For the purpose of this part, a reasonable time
   shall be deemed to be a period not in excess of the following: 10 days in
   the case of discontinuance, reduction, or impairment of service at telegraph
   offices  operated  directly  by  the  carrier;  15 days in the case of
   jointly-operated or agency telegraph offices; 10 days in the case of public
   coast stations; and 60 days in all other cases;

   (d) The term “interconnected VoIP provider” is an entity that provides
   interconnected VoIP service as that term is defined in § 9.3 of this chapter.

   (e) Public toll station means a public telephone station, located in a
   community, through which a carrier provides service to the public, and which
   is connected directly to a toll line operated by such carrier.

   (f) For the purposes of § § 63.60 through 63.90, the term “service,” when used
   to refer to a real-time, two-way voice communications service, shall include
   interconnected VoIP service as that term is defined in § 9.3 of this chapter
   but shall not include any interconnected VoIP service that is a “mobile
   service” as defined in § 20.3 of this chapter.

   (g) You. In this section, “You” refers to applicants and licensees.

   [ 28 FR 13229 , Dec. 5, 1963, as amended at  45 FR 6585 , Jan. 29, 1980;  51 FR 31305 , Sept. 2, 1986;  69 FR 29902 , May 26, 2004;  74 FR 39563 , Aug. 7, 2009]

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