| (ii) Initial tariffs filed in compliance with this
section may be filed pursuant to §26.209 of this title (relating
to New and Experimental Services). Initial tariff amendments shall
not be permitted to become effective before expanded interconnection
for switched transport services becomes available from the DCTU for
those DCTUs subject to substantive rule §26.271 of this title
(relating to Expanded Interconnection).
(iii) DCTUs not subject to substantive rule §26.215
of this title (relating to Long Run Incremental Cost Methodology for
Dominant Certificated Telecommunications Utility (DCTU) Services)
may propose charges that are the same as the charges in effect for
the carrier's interstate provision of the same service or adopt the
switched transport rates of another DCTU that are developed pursuant
to the requirements of this section.
(iv) Within 120 days after the completion of LRIC cost
studies required by substantive rule §26.215 of this title, any
DCTU subject to that rule shall file tariff amendments in order to
revise its local transport rates in conformity with this section based
upon the new LRIC cost studies.
(5) Lower rates. Nothing in this subsection prevents
a DCTU from charging a lower rate for any rate element than the amount
specified herein; however, no DCTU shall charge any rate for switched
access that is not contained in its switched access tariff.
(6) Rounding. The rates for all access services shall
be assessed using conventional rounding of fractional units of applicable
billing units, i.e., a fraction equal to or greater than 0.5 of one
unit will be rounded up to the next higher whole unit, while fractions
less than 0.5 of one unit will be rounded down to the next lower whole
unit, except that local transport mileage may be rounded up to the
next whole mile.
(d) Administrative provisions. The intrastate access
service tariff of all DCTUs must contain, at a minimum, the requirements
stated in paragraph (1) - (3) of this subsection, relating to percent
interstate usage (PIU).
(1) Jurisdictional determination capability. If the
DCTU possesses the network capability to determine the jurisdiction
of an access service, a monthly PIU, based upon the actual jurisdictional
determination of access services used by the access customer, must
be calculated by the DCTU and applied to the monthly bill for each
access customer.
(2) No jurisdictional determination capability. If
a DCTU's network facilities are incapable of making a determination
of the jurisdiction of an access service, such DCTU shall establish
guidelines in its access tariff that permit an access customer to
self-report. PIUs may be self-reported by access customers to DCTUs
if all of the requirements of subparagraphs (A) - (F) of this paragraph
are met.
(A) A DCTU must request and receive written representation
from the self-reporting access customer that the access customer possesses
a network technology or has established other reasonable methods which
it can accurately determine the jurisdiction of each access service
used by the access customer.
(B) The DCTU must request and receive a written representation
from the access customer that the access customer calculates self-reported
PIUs based upon the actual jurisdiction of each access service used
by the access customer.
(C) The DCTU must request and receive from the access
customer, at a minimum, an annual report supporting the self-reported
PIUs.
(D) The DCTU's intrastate access tariff must establish
a monitoring procedure for the annual monitoring of all self-reported
PIUs and an auditing procedure for timely auditing of questionable
self-reported PIUs.
(E) The DCTU's intrastate access service tariff must
contain an adjustment procedure for the correction of up to 12 months
of access service bills which were based upon an erroneous PIU as
determined through a PIU audit.
(F) The DCTU's intrastate access tariff must specify
that the DCTU is responsible for verifying the accuracy of the PIU
report and the access customer is responsible for the accuracy of
self-reported PIUs.
(3) Default PIU. If the DCTU's network facilities are
incapable of determining call jurisdiction and the access customer
fails to exercise its self-reporting option under paragraph (2) of
this subsection, the DCTU must provide written notice to the access
customer by certified mail that, if the customer fails to exercise
one of its options within 30 days of receipt of such notice, a PIU
will be established at 50%. Nothing in this paragraph prohibits the
DCTU from auditing such access customer. If such an audit is conducted,
the results of such audit will be used to determine that access customer's
PIU.
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