4901:1-7-13 Transit traffic compensation.

(A) Transit traffic is traffic that originates on one telephone company(s) network, terminates on a second telephone company's network, and is transmitted using an intermediate third telephone company(s) network facilities.

(B) The intermediate telephone company(s) carrying traffic originating and terminating on other telephone company's networks shall be compensated for the use of its (their) network facilities.

(C) An intermediate telephone company may not refuse to carry transit traffic if:

(1) It is appropriately compensated for the use of its network facilities necessary to carry the transit traffic.

(2) The originating and terminating telephone companies have a compensation agreement in place with the intermediate telephone company that sets the rates, terms, and conditions for the compensation of such transit traffic.

(D) The intermediate telephone company(s) must be compensated at the intermediate telephone company(s) total element long run incremental cost (TELRIC) based transit traffic compensation rates. Until such time as the commission approves telephone company-specific TELRIC-based transit traffic compensation rates, an intermediate telephone company(s) should be compensated, on an interim basis, at its (their) tariffed switched access reciprocal compensation rates subject to a true up of these rates.

(E) This section shall not be construed to preclude telephone companies from negotiating other transit traffic interconnection and compensation arrangements.

(F) The originating and terminating telephone companies in a transit traffic arrangement are both obligated to establish a transport and termination agreement between them pursuant to 47 U.S.C. 251(b)(5) and 251(a)(1) .

Effective: 03/02/2013
R.C. 119.032 review dates: 11/19/2012 and 11/19/2017
Promulgated Under: 111.15
Statutory Authority: 4901.13 , 4927.03
Rule Amplifies: 4901.13 , 4927.04
Prior Effective Dates: 11/30/2007