Rule 4901:1-7-14 | Compensation for intrastate switched access reciprocal compensation traffic and carrier-to-carrier tariff.
[Comment: For dates of references to a section of either the United States Code or a regulation in the Code of Federal Regulations, see rule 4901:1-7-02 of the Administrative Code.]
(A) For purposes of this rule:
(1) "Nonrural incumbent local exchange carrier" (nonrural ILEC)" means an incumbent local exchange carrier that is not a "rural telephone company" under 47 U.S.C. 153(37).
(2) "Rural competitive local exchange carrier" (rural CLEC) means a CLEC that does not serve (i.e., terminate traffic to or originate traffic from) any customers located within either:
(a) An incorporated place of fifty thousand inhabitants or more based on the most recently available population statistics of the census bureau.
(b) An urbanized area, as defined by the census bureau.
(3) "Switched access reciprocal compensation" means access reciprocal compensation as defined in 47 C.F.R. 51.903(h).
(B) The prevailing ILEC and CLEC intrastate switched access reciprocal compensation rates established pursuant to case nos. 83-464-TP-COI and 00-127-TP-COI, are capped for compensation for origination of switched access telecommunications traffic terminated by other telephone companies at the December 29, 2011, level until the commission rules otherwise. The exception to this capping requirement of originating intrastate switched access reciprocal compensation shall be to those ILECs regulated on a rate-of-return basis by the federal communications commission. Any change in the ILEC or CLEC intrastate switched access reciprocal compensation tariffs are to be filed as an ATA case and are subject to the thirty-day approval procedure set forth in rule 4901:1-6-05 of the Administrative Code.
(C) ILEC and CLEC terminating intrastate switched access reciprocal compensation rates are subject to a bill-and-keep compensation arrangement, except that a rate-of-return regulated ILEC and any LEC that does own the terminating tandem may assess terminating tandem switched transport charges consistent with 47 C.F.R. 51.903-913.
(D) When filing for certification under rule 4901:1-6-08 of the Administrative Code, a facilities-based CLEC shall tariff the rates, terms, and conditions for switched access reciprocal compensation for the termination and origination of intrastate switched access traffic originated and/or terminated by other telephone companies.
(E) A facilities-based CLEC filing for certification, an ILEC's affiliate filing for a CLEC certification, or an ILEC proposing to operate outside its ILEC service area, are to establish their initial switched access reciprocal compensation rates, at a level that does not exceed the current rates of the ILEC providing service in the CLEC's service area, for the termination and origination of intrastate switched access reciprocal compensation traffic, unless the CLEC is a rural CLEC competing with a nonrural ILEC and its rates are capped at national exchange carrier association switched access reciprocal compensation rates. Once initial switched access reciprocal compensation rates are established, the rates are subject to requirements set forth in paragraphs (B) and (C) of this rule.
(F) A facilities-based CLEC, an ILEC's affiliate CLEC, or an ILEC operating outside its ILEC service area's intrastate switched access reciprocal compensation tariff not filed as part of its certification process pursuant to rule 4901:1-6-08 of the Administrative Code, is to be filed as an ATA case and be subject to the thirty-day approval procedure set forth in rule 4901:1-6-05 of the Administrative Code and requirements set forth in paragraph (E) of this rule.
Last updated January 9, 2024 at 9:30 AM
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