(d) Principles of interconnection.
(1) General principles.
(A) Interconnection between CTUs must be
established in a manner that is seamless, interoperable, technically and
economically efficient, and transparent to the customer.
(B) Interconnection between CTUs must utilize
nationally accepted telecommunications industry standards or mutually
acceptable standards for construction, operation, testing and maintenance of
networks, such that the integrity of the networks is not impaired.
(C) A CTU may not unreasonably:
(i) discriminate against another CTU by
refusing access to the local exchange;
(ii) refuse or delay interconnections to
another CTU;
(iii) degrade the
quality of access provided to another CTU;
(iv) impair the speed, quality, or efficiency
of lines used by another CTU;
(v)
fail to fully disclose in a timely manner, on request, all available
information necessary for the design of equipment that will meet the
specifications of the local exchange network; or
(vi) refuse or delay access by any person to
another CTU.
(D) An
interconnecting CTU must negotiate rates, terms, and conditions for facilities,
services, or any other interconnection arrangements required in accordance with
this section.
(E) This section does
not authorize an interconnecting CTU access to another CTU's network
proprietary information or customer proprietary network information,
customer-specific as defined in §
26.5 of this title (relating to
Definitions) unless otherwise permitted in this section.
(2) Technical interconnection principles. An
interconnecting CTU must make a good-faith effort to accommodate each
interconnecting CTU's technical requests, provided that the technical requests
are consistent with national industry standards and are in compliance with
§
26.52 of this title (relating to
Emergency Operations), §
26.53 of this title (relating to
Inspections and Tests), §
26.54 of this title (relating to
Service Objectives and Performance Benchmarks), §
26.57 of this title (relating to
Requirements for a Certificate Holder's Use of an Alternate Technology to Meet
its Provider of Last Resort Obligation), §
26.89 of this title (relating to
Nondominant Carriers' Obligations Regarding Information on Rates and Services
), §
26.107 of this title (relating to
Registration of Interexchange Carriers (IXCs), Prepaid Calling Services
Companies (PPC), and Other Nondominant Telecommunications Carriers), §
26.128 of this title (relating to
Telephone Directories), §
26.206 of this title (relating to
Depreciation Rates), and implementation of the requests would not cause
unreasonable inefficiencies, unreasonable costs, or other detriment to the
network of the CTU receiving the requests.
(A)
An interconnecting CTU must ensure that each customer of other interconnecting
CTUs are not required to dial additional digits or incur dialing delays that
exceed industry standards to complete local calls as a result of
interconnection.
(B) An
interconnecting CTU must provide other interconnecting CTUs non-discriminatory
access to signaling systems, databases, facilities, and information as required
to ensure interoperability of networks and efficient, timely provision of
services to customers.
(C) An
interconnecting CTU must provide other interconnecting CTUs Common Channel
Signaling System Seven connectivity where technically available.
(D) An interconnecting CTU is be permitted a
minimum of one point of interconnection in each exchange area or group of
contiguous exchange areas within a single local access and transport area
(LATA), as requested by the interconnecting CTU, and may negotiate with the
other CTU for additional interconnection points. An interconnecting CTU must
agree to construct, lease, and maintain the facilities necessary to connect
networks, either by having one CTU provide the entire facility or by sharing
the construction and maintenance of the facilities necessary to connect
networks. The financial responsibility for construction and maintenance of such
facilities is borne by the party who constructs and maintains the facility,
unless the parties involved agree to other financial arrangements. Each
interconnecting CTU is responsible for delivering its originating traffic to
the mutually agreed upon point of interconnection or points of interconnection.
Nothing in this subparagraph precludes a CTU from recovering the costs of
construction and maintenance of facilities if such facilities are utilized by
other CTUs.
(E) An interconnecting
CTU must establish joint procedures for troubleshooting the portions of jointly
used networks. Each CTU is responsible for maintaining and monitoring its own
network such that the overall integrity of the interconnected network is
maintained with service quality that is consistent with industry standards and
is in compliance with §
26.53 of this title.
(F) If an interconnecting CTU has sufficient
facilities in place, it must provide intermediate transport arrangements
between other interconnecting CTUs, upon request. A CTU providing intermediate
transport must not negotiate termination on behalf of another CTU, unless the
terminating CTU agrees to such an arrangement. Upon request, DCTUs within major
metropolitan areas must contact other CTUs and arrange meetings, within 15 days
of such request, to facilitate negotiations and provide a forum for discussion
of network efficiencies and inter-company billing arrangements.
(G) Each interconnecting CTU is responsible
for ensuring that traffic is properly routed to the connected CTU and
jurisdictionally identified by percent usage factors or in a manner agreed upon
by the interconnecting CTUs.
(H) An
interconnecting CTU must allow other interconnecting CTUs non-discriminatory
access to all facility rights-of-way, conduits, pole attachments, building
entrance facilities, and other pathways, provided that the requesting CTU has
obtained all required authorizations from the property owner or appropriate
governmental authority.
(I) An
interconnecting CTU must provide other interconnecting CTUs physical
interconnection in a non-discriminatory manner. Physical collocation for the
transmission of local exchange traffic must be provided to a CTU upon request,
unless the CTU from which collocation is sought demonstrates that technical or
space limitations make physical collocation impractical. Virtual collocation
for the transmission of local exchange traffic must be implemented at the
option of the CTU requesting the interconnection.
(J) Each interconnecting CTU is be
responsible for contacting the North American Numbering Plan (NANP)
administrator for its own NXX codes and for initiating NXX assignment
requests.
(3) Principles
regarding billing arrangements.
(A) An
interconnecting CTU must cooperatively provide other interconnecting CTUs with
both answer and disconnect supervision as well as accurate and timely exchange
of information on billing records to facilitate billing to customers, to
determine intercompany settlements for local and non-local traffic, and to
validate the jurisdictional nature of traffic, as necessary. Such billing
records must be provided in accordance with national industry standards. For a
billing interexchange carrier for jointly provided switched access services,
such billing records include meet point billing records, interexchange carrier
(IXC) billing name, IXC billing address, and Carrier Identification Codes
(CICs). If exchange of CIC codes is not technically feasible, an
interconnecting CTU must negotiate a mutually acceptable settlement process for
billing IXCs for jointly provided switched access services.
(B) A CTU must enter into mutual billing and
collection arrangements with other CTUs that are comparable to those existing
between or among DCTUs, to ensure acceptance of each other's non-proprietary
calling cards and operator-assisted calls.
(C) Upon a customer's selection of a CTU for
local exchange service, that CTU must provide notification to the primary IXC
through the Customer Account Record Exchange (CARE) database, or comparable
means if CARE is unavailable, of all information necessary for billing that
customer. At a minimum, this information must include the name and contact
person for the new CTU and the customer's name, telephone number, and billing
number. In the event a customer's local exchange service is disconnected at the
option of the customer or the CTU, the disconnecting CTU must provide
notification to the primary IXC of such disconnection.
(D) A CTU must cooperate with IXCs to ensure
that customers are properly billed for IXC services.
(4) Principles regarding interconnection
rates, terms, and conditions.
(A) Criteria
for setting interconnection rates, terms, and conditions. Interconnection
rates, terms, and conditions must not be unreasonably preferential,
discriminatory, or prejudicial, and must be non-discriminatory. The following
criteria must be used to establish interconnection rates, terms, and
conditions.
(i) Local traffic of a CTU that
originates and terminates within the mandatory single or multiexchange local
calling area available under the basic local exchange rate of a single DCTU be
terminated by the CTU at local interconnection rates. The local interconnection
rates under this clause also apply with respect to mandatory EAS traffic
originated and terminated within the local calling area of a DCTU if such
traffic is between exchanges served by that single DCTU.
(ii) If a non-dominant certificated
telecommunications utility (NCTU) offers, on a mandatory basis, the same
minimum ELCS calling scope that a DCTU offers under its ELCS arrangement, a
NCTU must receive arrangements for its ELCS traffic that are not less favorable
than the DCTU provides for terminating mandatory ELCS traffic.
(iii) With respect to local traffic
originated and terminated within the local calling area of a DCTU but between
exchanges of two or more DCTUs governed by mandatory EAS arrangements, DCTUs
must terminate local traffic of NCTUs at rates, terms, and conditions that are
not less favorable than those between DCTUs for similar mandatory EAS traffic
for the affected area. A NCTU and a DCTU may agree to terms and conditions that
are different from those that exist between DCTUs for similar mandatory EAS
traffic. The rates applicable to the NCTU for such traffic must reflect the
difference in costs to the DCTU caused by the different terms and
conditions.
(iv) With respect to
traffic that originates and terminates within an optional flat rate calling
area, whether between exchanges of one DCTU or between exchanges of two or more
DCTUs, a DCTU must terminate such traffic of NCTUs at rates, terms, and
conditions that are not less favorable than those between DCTUs for similar
traffic. A NCTU and a DCTU may agree to terms and conditions that are different
from those that exist between DCTUs for similar optional EAS traffic. The rates
applicable to the NCTU for such traffic must reflect the difference in costs to
the DCTU caused by the different terms and conditions.
(v) A DCTU with more than one million access
lines and a NCTU must negotiate new EAS arrangements in accordance with the
following requirements.
(I) For traffic
between an exchange and a contiguous metropolitan exchange local calling area,
as defined in §
26.5 of this title, the DCTU must
negotiate with a NCTU for termination of such traffic if the NCTU includes such
traffic as part of its customers' local calling area. These interconnection
arrangements must not less favorable than the arrangements between DCTUs for
similar EAS traffic.
(II) For
traffic that does not originate or terminate within a metropolitan exchange
local calling area, the DCTU must negotiate with a NCTU for the termination of
traffic between the contiguous service areas of the DCTU and the NCTU if the
NCTU includes such traffic as part of its customers' local calling area and
such traffic originates in an exchange served by the DCTU. These
interconnection arrangements must be not less favorable than the arrangements
between DCTUs for similar EAS traffic.
(III) A NCTU must have the same obligation to
negotiate similar EAS interconnection arrangements with respect to traffic
between its service area and a contiguous exchange of the DCTU if the DCTU
includes such traffic as part of its customers' local calling area
(vi) NCTUs are not precluded from
establishing their own local calling areas or prices for purposes of retail
telephone service offerings.
(B) Establishment of rates, terms, and
conditions.
(i) A CTU involved in
interconnection negotiations must ensure that all reasonable negotiation
opportunities are completed prior to the termination of the first commercial
call. The date upon which the first commercial call between CTUs is terminated
signifies the beginning of a nine-month period in which each CTU must
reciprocally terminate the other CTU's traffic at no charge, in the absence of
mutually negotiated interconnection rates. Reciprocal interconnection rates,
terms, and conditions must be established in accordance with the compulsory
arbitration process in subsection (g) of this section. In establishing these
initial rates and three years from termination of the first commercial call, no
cost studies be required from a new CTU.
(ii) An ILEC may adopt the tariffed
interconnection rates approved for a larger ILEC or interconnection rates of a
larger ILEC resulting from negotiations without providing the commission any
additional cost justification for the adopted rates. If an ILEC adopts the
tariffed interconnection rates approved for a larger ILEC, it must file tariffs
referencing the appropriate larger ILEC's rates. If an ILEC adopts the
interconnection rates of a larger ILEC, the new CTU may adopt those rates as
its own rates by filing tariffs referencing the appropriate larger ILEC's
rates. If an ILEC chooses to file its own interconnection tariff, the new CTU
must also file its own interconnection tariff.
(C) Public disclosure of interconnection
rates, terms, and conditions. Interconnection rates, terms, or conditions must
be made publicly available as provided in subsection (h) of this
section.