| (a) Purpose. The purpose of this section is to ensure
that a telecommunications service provider that is certificated provides
local exchange service, basic local telecommunications service, or
switched access service within the state interconnect and maintains
interoperable networks such that the benefits of local exchange competition
are realized as envisioned under the provisions of the Public Utility
Regulatory Act (PURA). The commission finds that interconnection is
necessary to achieve competition in the local exchange market and
is therefore in the public interest.
(b) Definition. The term "customer" when used in this
section, means an end-user customer.
(c) Application and Exceptions.
(1) Application. This section applies to a certificated
telecommunications utility (CTU) that provides local exchange service.
(2) Exceptions. Except as provided under this paragraph,
a CTU providing local exchange service must comply with the requirements
of this section.
(A) Holders of a service provider certificate of operating
authority (SPCOA).
(i) The holder of an SPCOA that does not provide dial
tone and only resells the telephone services of another CTU is subject
only to the requirements of subsection (e)(1)(B)(ii) and (D)(i)-(vii)
of this section and subsection (i)(1)-(3) of this section.
(ii) The underlying CTU providing service to the holder
of an SPCOA referenced in clause (i) of this subparagraph must comply
with the requirements of this section with respect to the customers
of the SPCOA holder.
(B) Small incumbent local exchange companies (ILECs).
(i) This section applies to small ILECs to the extent
required by 47 United States Code (U.S.C.) §251(f) (1996).
(ii) Notwithstanding the requirement in clause (i)
of this subparagraph, small ILECs must terminate traffic of a CTU
which originates and terminates within the small ILEC's extended local
calling service (ELCS) or extended area service (EAS) calling scope,
where the small ILEC has an ELCS or EAS arrangement with another DCTU.
The termination of this traffic must be at rates, terms, and conditions
prescribed by subsection (d)(4)(A) of this section.
(C) Rural telephone companies.
(i) This section also applies to rural telephone companies
as defined in 47 U.S.C. §153 (1996) to the extent required by
47 U.S.C. §251(f) (1996).
(ii) Rural telephone companies must terminate traffic
of a CTU that originates and terminates within the rural telephone
company's ELCS or EAS calling scope, where the rural telephone company
has an ELCS or EAS arrangement with another DCTU. The termination
of this traffic must be at rates, terms, and conditions as described
in subsection (d)(4)(A) of this section.
(D) Small CTUs.
(i) A small CTU may petition for a suspension or modification
of the application of this section in accordance with 47 U.S.C. §251(f)(2)
(1996).
(ii) Small CTUs must terminate traffic of a CTU that
originates and terminates within the small CTU's ELCS or EAS calling
scope, where the small CTU has an ELCS or EAS arrangement with another
DCTU. The termination of this traffic must be at rates, terms, and
conditions as described in subsection (d)(4)(A) of this section.
(E) Deregulated companies and nondominant telecommunications
utilities. Subsection (i)(2) and (3) of this section does not apply
to deregulated companies holding a certificate of operating authority
or to exempt carriers that meets the criteria of PURA §52.154.
(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 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 Cont'd... |
