Current through Reg. 50, No. 13; March 28, 2025
(a)
Applicability. Unless the context clearly indicates otherwise, the provisions
relating to expanded interconnection for special access and/or private line
services in this section apply to each carrier that is dominant with respect to
special access services and that has interstate tariffs in effect that provide
for expanded interconnection for special access services. Similarly, unless the
context clearly indicates otherwise, the provisions relating to expanded
interconnection for switched transport services in this section apply to each
carrier that is dominant with respect to switched transport services and that
has interstate tariffs in effect that provide for expanded interconnection for
switched transport services. A carrier that is dominant with respect to local
exchange telephone service is, by definition, also dominant with respect to
switched transport services.
(b)
Expanded interconnection for special access and private line services.
(1) Expanded interconnection for DS1 and DS3
special access services, and special access services for which interstate
expanded interconnection has been granted. Each dominant carrier that is
subject to this section shall offer expanded interconnection as specified in
this subsection for the services listed in subparagraphs (A)-(C) of this
paragraph. The dominant carrier shall offer expanded interconnection for these
services at the same locations, in the same manner, and, except for price,
under the same terms and conditions as it offers expanded interconnection for
interstate special access services, unless ordered otherwise by the commission.
This paragraph applies to the following intrastate special access services:
(B) special access DS3; and
(C) special access services for which
interstate expanded interconnection has been granted.
(2) Expanded interconnection for all special
access and private line services. Each dominant carrier that is subject to this
section shall offer expanded interconnection as specified in this subsection
for the services listed in subparagraphs (A)-(B) of this paragraph. The
dominant carrier shall offer expanded interconnection for these services at the
same locations, in the same manner, and, except for price, under the same terms
and conditions as it offers expanded interconnection for interstate special
access services, unless ordered otherwise by the commission. This paragraph
applies to the following intrastate services:
(A) all private line services, as that term
is defined in §
26.5 of this title (relating to
Definitions); and
(B) all special
access services.
(3)
Tariff provisions.
(A) Each dominant carrier
that is subject to this section shall file tariff revisions to unbundle each
service for which expanded interconnection shall be offered and to remove any
resale or sharing restrictions for each such service. As used in this
subparagraph, to unbundle means to make available, on an unrestricted basis,
the individual rate elements necessary to provide a special access service or a
private line service.
(B) Each
dominant carrier that is subject to this section shall file tariffs to
establish connection charges for the use of equipment and facilities that are
associated with offerings of expanded interconnection under this subsection.
Unless ordered otherwise by the commission, the definitions of such connection
charges and the regulations governing their application shall be the same as
those contained in the carrier's interstate expanded interconnection tariffs.
The dominant carrier shall not impose a separate charge or rate element that is
not included in its interstate tariffs for interconnection for special access
services. The dominant carrier shall not impose a separate charge or rate
element for interconnection for private line services that is not included in
its tariffs for interconnection for special access services.
(4) Implementation. All dominant
carriers subject to this section shall file tariff amendments in compliance
with paragraph (3) of this subsection.
(A)
Initial filing to implement paragraph (1) of this subsection. A dominant
carrier shall file initial tariff amendments to implement the provisions of
paragraph (1) of this subsection within 60 days of being declared a dominant
carrier.
(B) Initial filing to
implement paragraph (2) of this subsection. A dominant carrier shall file
initial tariff amendments to implement the provisions of paragraph (2) of this
subsection within 60 days of being declared a dominant carrier.
(C) Initial filings in compliance with this
subsection shall be filed pursuant to § 23.26 of this title (relating to
New and Experimental Services). Initial tariff amendments filed in compliance
with this subsection shall be filed pursuant to §23.26; provided, however,
the provisions of §23.26(c)(6) shall not apply with respect to rates
proposed in compliance with paragraph (3)(A) or (B) of this subsection if the
dominant carrier proposes rates that are the same as the rates in effect for
the carrier's interstate provision of the same, equivalent or substitutable
service. Tariff revisions filed pursuant to this subsection shall not be
combined in a single application with any other tariff revision.
(D) Additional filings. A dominant carrier
shall make, within 15 days of the effective date of an interstate tariff
providing for expanded interconnection, such additional tariff filings as are
required to remain in compliance with this subsection. The proposed effective
date of such additional tariff filings shall be not later than 60 days after
the filing date, unless suspended.
(5) Customer specific contracts. This
subsection does not require the unbundling or removal of resale prohibitions in
customer specific contracts in effect on or before February 22, 1994.
(c) Expanded interconnection for
switched transport services.
(1) Expanded
interconnection for all switched transport services. Each dominant carrier that
is subject to this section shall offer expanded interconnection as specified in
this subsection for all switched transport services at the same locations, in
the same manner, and except for price, under the same terms and conditions as
it offers expanded interconnection for interstate switched transport services,
unless ordered otherwise by the commission.
(2) Tariff provisions and implementation.
Each dominant carrier that is subject to this section shall file tariffs to
establish connection charges for the use of equipment and facilities that are
associated with offerings of expanded interconnection under this subsection.
(A) Unless ordered otherwise by the
commission, the definitions of such connection charges and the regulations
governing their application shall be the same as those contained in the
carrier's interstate expanded interconnection tariffs.
(B) Absent additional costs, the dominant
carrier shall impose a single charge when the same facilities are used to
provide expanded interconnection for both special access and switched transport
services. If additional facilities are used, the dominant carrier may assess
additional cost-based connection charge subelements for the use of such
additional facilities.
(C) The
dominant carrier shall not impose a separate charge or rate element that is not
included in its interstate tariffs for interconnection for switched transport
services.
(D) A dominant carrier
shall apply nonrecurring reconfiguration charges in a neutral manner to
customers of either the interconnector or dominant carrier unless justified by
specific identifiable cost differences. In addition, any differences between
the charges applicable when a customer shifts to an interconnector's service
and those applicable when a customer reconfigures its service with the dominant
carrier must be cost-based.
(E) A
dominant carrier shall file initial tariffs to implement the provisions of this
subsection within 60 days of being declared a dominant carrier.
(F) Initial tariff filings in compliance with
this subsection shall be filed pursuant to the provisions of §23.26;
provided, however the provisions of §23.26(c)(6) shall not apply with
respect to rates proposed in compliance with subparagraph (A)-(E) of this
paragraph if the dominant carrier proposes rates that are the same as the rates
in effect for the carrier's interstate provision of the same, equivalent or
substitutable service. Tariff revisions filed pursuant to this subsection shall
not be combined in a single application with any other tariff
revision.
(G) A dominant carrier
shall make, within 15 days of the effective date of an interstate tariff
providing for expanded interconnection, such additional tariff filings as are
required to remain in compliance with this subsection. The proposed effective
date for such additional tariff filings shall be not later than 60 days after
the filing date, unless suspended.
(d) Waivers. A dominant carrier may seek a
waiver from the requirements of subsections (b) and (c) of this section at a
location where the opportunity for the application of an Federal Communications
Commission (FCC) waiver does not exist. The request shall be granted if the
presiding officer of the commission finds that the dominant carrier has
demonstrated that it is not feasible to provide interconnection at a specific
location due to lack of space.
(e)
Voluntary agreements. A dominant carrier and one or more interconnectors may
agree to alternative interconnection arrangements at a specific location that
are different from those required by subsections (b) and/or (c) of this
section, provided such arrangements are tariffed and made generally available
for that location. Any such agreement shall not modify the dominant carrier's
obligations under subsections (b) and (c) with respect to any other
interconnector that does not elect to subscribe to the voluntary
arrangement.
(f) Bona fide
requests. If a dominant carrier would be required to provide expanded
interconnection for interstate special access or switched transport services at
a particular location upon receipt of a bona fide request for such interstate
interconnection, the dominant carrier shall provide interconnection for
intrastate services as required by subsections (b) and (c) of this section upon
receipt of a bona fide request for such intrastate interconnection at any
location not covered by its interstate tariffs, subject only to the same
conditions and exceptions that would be applicable to a bona fide request for
interconnection for interstate services.
(g) Utilization of collocation space. A
dominant carrier shall permit an interconnector to use the same collocation
space for both interstate and intrastate interconnection services.
(h) Utilization of facilities. A dominant
carrier shall permit an interconnector to use the same facilities for both
interstate and intrastate switched access traffic.
(i) Reciprocal expanded interconnection. An
incumbent local exchange carrier is required to provide expanded
interconnection to another local exchange carrier pursuant to the requirements
of subsections (b) and (c) of this section only if the second local exchange
carrier agrees to provide expanded interconnection, in a like manner, to the
incumbent local exchange carrier.