Interconnecting LECs shall establish reciprocal compensation
arrangements for the transport and termination of local calls pursuant to
47
U.S.C. Section 252(d)(2), 47
C.F.R. Section 51.701-717 and the requirements of this section. All local
calls, including calls used for voice communications, data communications and
connection to the internet or an internet services provider, shall be subject
to the reciprocal compensation arrangements.
A. Interconnecting LECs may by mutual
agreement establish bill-and-keep arrangements to satisfy their reciprocal
compensation obligations or may negotiate explicit rates for reciprocal
compensation in accordance with
47
U.S.C. Section
252 and this rule.
B. A LEC that has entered into a
bill-and-keep arrangement may, ninety (90) days following the effective date of
such agreement, petition the commission to initiate negotiation of explicit
reciprocal compensation charges. The commission shall grant such petition if
the petitioning party demonstrates that the amount of local traffic handed off
from one network to the other, measured on a monthly basis, is out of balance
in either direction by more than ten percent (10%) for three consecutive
months.
C. If two interconnecting
LECs are unable to determine mutually agreeable rates for reciprocal
compensation, the commission shall establish explicit reciprocal compensation
rates.
(1) The commission shall establish a
reciprocal compensation rate structure that is consistent with the costs
incurred by LECs for the transport and termination of local calls.
(2) If only one of the interconnecting LECs
is an incumbent, then unless paragraph 3 of this subsection applies, the
commission shall establish symmetrical reciprocal compensation rates (i.e., the
same rates will apply to the transport and termination of traffic originating
with either LEC), based on the ILEC's forward-looking economic costs,
calculated as prescribed in
17.11.18.15 NMAC.
(3) If only one of the interconnecting LECs
is an incumbent, the other LEC may file a cost study with the commission to
demonstrate that its forward-looking economic costs for transport and
termination of local calls are higher than those of the interconnecting ILEC.
If the commission finds that costs for transport and termination of local calls
are disparate, the commission shall establish asymmetric rates for reciprocal
compensation, based on the forward-looking economic costs for transport and
termination of local calls incurred by each LEC.
(4) If both interconnecting LECs are
incumbents, or neither is an incumbent, the commission shall establish
symmetrical reciprocal compensation rates based on the larger LEC's
forward-looking economic costs, calculated as prescribed in
17.11.18.15 NMAC.
