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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 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 will 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 will 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.
(e) Minimum interconnection arrangements.
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