16 Tex. Admin. Code § 26.272 - Interconnection
(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 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.
(e)
Minimum interconnection arrangements.
(1) In
accordance with mutual agreements, interconnecting CTUs must provide each other
non-discriminatory access to ancillary services such as repair services,
E9-1-1, operator services, white pages telephone directory listing, publication
and distribution, and directory assistance. The following minimum terms and
conditions apply:
(A) Repair services. For
purposes of this section, a CTU must be required to provide repair services for
its own facilities regardless of whether such facilities are used by the CTU
for retail purposes, provided by the CTU for resale purposes, or whether the
facilities are ordered by another CTU for purposes of collocation.
(B) E-9-1-1 services. E-9-1-1 services
include automatic number identification (ANI), ANI and automatic location
identification (ALI) selective routing, or any combination of 9-1-1 features
required by the 9-1-1 administrative entity or entities responsible for the
geographic area involved.
(i) A CTU must meet
the requirements of this clause before providing local exchange telephone
service to any customer or any other service by which a customer may dial 9-1-1
.
(I) A CTU is responsible for ordering the
dedicated 9-1-1 trunk groups necessary to provide E9-1-1 service as approved by
the appropriate 9-1-1 administrative entity or entities in the relevant 9-1-1
service agreement, and subject to the written process for documenting
"unnecessary dedicated 9-1-1 trunks" in clause (vi)(I) of this subparagraph.
Connection with the appropriate CTU in the provision of 9-1-1 service may be
either directly or indirectly in a manner approved by the appropriate 9-1-1
administrative entity or entities.
(II) A CTU is responsible for enabling each
customer of the CTU to dial the three digits 9,1,1 to access 9-1-1
service.
(III) A CTU is responsible
for providing the ANI to the appropriate CTU operating the E911 selective
routers, 9-1-1 tandems, IP-based 9-1-1 systems, NG9-1-1 systems, or appropriate
PSAPs, as applicable. The ANI must include both the NPA or numbering plan digit
(NPD), a component of the traditional 9-1-1 signaling protocol that identifies
1 of 4 possible NPAs, as appropriate, and the local telephone number of the
9-1-1 calling customer that can be used to successfully complete a return call
to the customer.
(IV) A CTU is
responsible for routing a 9-1-1 customer call, as well as interconnecting
traffic on its network, to the appropriate E911 selective routers, 9-1-1
tandems, IP-based 9-1-1 systems, NG9-1-1 systems, or PSAPs, as applicable,
based on the ANI or ALI. The appropriate 9-1-1 administrative entity or
entities or the 9-1-1 network services provider, as applicable, must provide
specifications to the CTU for routing purposes.
(V) The CTU is responsible for providing the
ALI for each of its customers. The ALI must consist of the calling customer
name, physical location, appropriate emergency service providers, and other
similar standard ALI location data specified by the appropriate 9-1-1
administrative entity. For purposes of this subclause, other similar standard
ALI data does not include supplemental data that is not part of the standard
ALI location record.
(ii)
A CTU must timely provide to the appropriate 911 administrative entity and the
appropriate 9-1-1 database management services provider accurate and timely
current information for all published, unpublished ornonpublished, and unlisted
or nonlisted information associated with its customers for the purposes of
emergency or E-911 services.
(I) For purposes
of this clause, a CTU timely provides the information if, within 24 hours of
receipt, it delivers the information to the appropriate 9-1-1 database
management services provider, or if the CTU is the appropriate 9-1-1 database
management services provider, it places the information in the 9-1-1
database.
(II) For purposes of this
clause, the information sent by a CTU to the 9-1-1 database management services
provider and the information used by the 9-1-1 database management services
provider must be maintained in a fashion to ensure that the information is
accurate at a percentage as close to 100% as possible. For purposes of this
clause, the term "accurate" means a record that correctly routes a 9-1-1 call
and provides correct location information relating to the origination of such
call. For purposes of this clause, the term "percentage" means the total number
of accurate records in that database divided by the total number of records in
that database. In determining the accuracy of records, a CTU is not responsible
for erroneous information provided to it by a customer or another
CTU.
(III) An interconnecting CTU
must execute confidentiality agreements with other interconnecting CTUs, as
necessary, to prevent the unauthorized disclosure of unpublished or unlisted
numbers. An interconnecting CTU must be allowed access to the ALI database or
its equivalent by the appropriate 9-1-1 database management services provider
for verification purposes. The appropriate 9-1-1 administrative entity must
provide non-discriminatory access to the master street address guide.
(iii) A CTU is responsible for
developing a 9-1-1 disaster recovery service restoration plan with input from
the appropriate 9-1-1 administrative entity. This plan must identify the
actions to be taken in the event of a network-based 9-1-1 service failure. The
goal of such actions is the efficient and timely restoration of 9-1-1 service.
Each CTU must notify the appropriate 9-1-1 administrative entity or entities of
any changes in the CTU's network-based services and other services that may
require changes to the plan.
(iv)
An interconnecting CTU must provide other interconnecting CTUs and the
appropriate 9-1-1 administrative entities notification of scheduled outages for
direct dedicated 9-1-1 trunks at least 48 hours prior to such outages. In the
event of unscheduled outages for direct dedicated 9-1-1 trunks, each
interconnecting CTU must provide other interconnecting CTUs and the appropriate
9-1-1 administrative entities immediate notification of such outages.
(v) Each NCTU's rates for 9-1-1 service to a
public safety answering point is presumed to be reasonable if they do not
exceed the rates charged by the ILEC for similar service.
(vi) Unless otherwise determined by the
commission, nothing in this rule, any interconnection agreement, or any
commercial agreement may be interpreted to supersede the appropriate 9-1-1
administrative entity's authority to migrate to newer functionally equivalent
IP-based 9-1-1 systems or NG9-1-1 systems or the 9-1-1 administrative entity's
authority to require the removal of unnecessary direct dedicated 9-1-1 trunks,
circuits, databases, or functions.
(I) For
purposes of this clause, "unnecessary direct dedicated 9-1-1 trunks" means
those dedicated 9-1-1 trunks that generally would be part of a local
interconnection arrangement but for: the CTU's warrant in writing that the
direct dedicated 9-1-1 trunks are unnecessary and all 9-1-1 traffic from the
CTU will be accommodated by another 9-1-1 service arrangement that has been
approved by the appropriate 9-1-1 administrative entities; and written approval
from the appropriate 9-1-1 administrative entities accepting the CTU's warrant.
A 9-1-1 network services provider or CTU presented with such written
documentation from the CTU and the appropriate 9-1-1 administrative entities
must rely on the warrant of the CTU and the appropriate 9-1-1
entities.
(II) Subclause (I) of
this clause is intended to promote and ensure collaboration so that 9-1-1
service architecture and provisioning modernization can proceed expeditiously
for the benefit of improvements in the delivery of 9-1-1 emergency services.
Subclause (I) of this clause is not intended to require or authorize a 9-1-1
administrative entity's rate center service plan specifications or a 9-1-1
network architecture deviation that causes new, material cost shifting between
telecommunications providers or between telecommunications providers and 9-1-1
administrative entities. Examples of such a deviation would be points of
interconnection different from current LATA configurations and requiring
provisioning of the 9-1-1 network with a similar type deviation that may
involve new material burdens on competition or the public interest.
(C) Operator services.
An interconnecting CTU must negotiate to ensure the interoperability of
operator services between networks, including the ability of operators on each
network to perform such operator functions as reverse billing, line
verification, call screening, and call interrupt.
(D) White pages telephone directory and
directory assistance. An interconnecting CTU must negotiate to ensure provision
of white pages telephone directory and directory assistance services.
(i) Appropriate information of each customer
of an NCTU, including telephone numbers, must be included on a
non-discriminatory basis in each DCTU's white pages directory associated with
the geographic area covered by the white pages telephone directory published by
the DCTUs. Similarly, any white pages telephone directory provided to a
customer of an NCTU by a NCTU must have each corresponding DCTU listings
available on a non-discriminatory basis. Each entry of NCTU customers in the
DCTU white pages telephone directory must be interspersed in correct
alphabetical sequence among the entries of the DCTU customers and must be no
different in style, size, or format than the entries of the DCTU customers,
unless requested otherwise by the NCTU. The CTU or its affiliate publishing a
white pages telephone directory on behalf of the CTU must not directly charge
the customer of another CTU located in the geographic areas covered by the
white pages telephone directory for white pages listings or
directory.
(ii) Each customer
listing located within the local calling area of a NCTU, but not located within
the local calling area of the DCTU publishing the white pages telephone
directory, must be included in a separate section of the DCTU's white pages
telephone directory at the option of the NCTU.
(iii) A CTU must provide directory listings
and related updates to the CTU or affiliate of the CTU that publishes a white
pages telephone directory on behalf of the CTU, or to any CTU providing
directory assistance, in a timely manner to ensure inclusion in the annual
white page listings and provision of directory assistance service that complies
with §
26.128 of this title. A CTU or
affiliate of the CTU that publishes a white pages telephone directory on behalf
of the CTU must be responsible for providing all other CTUs with timely
information regarding deadlines associated with its published white pages
telephone directory.
(iv) A CTU
must, upon request, provide accurate and current subscriber listings (name,
address, telephone number) and updates in a readily usable format and in a
timely manner, on a non-discriminatory basis, to publishers of yellow pages
telephone directory. A CTU must not provide listings of subscribers desiring
non-listed status for publication purposes.
(v) White pages telephone directories must be
distributed to each customer located within the geographic area covered by the
white pages telephone directory on non-discriminatory terms and conditions by
the CTU or affiliate of the CTU that publishes the white pages telephone
directory.
(vi) A CTU or affiliate
of the CTU that publishes a white pages telephone directory on behalf of the
CTU must provide every other CTU a single page in the information section of
the white pages telephone directory for each CTU to convey critical customer
contact information regarding emergency services, billing and service
information, repair services and other pertinent information. The CTU's pages
must be arranged in alphabetical order. Additional access to the information
section of the white pages telephone directory are subject to
negotiations.
(vii) A CTU must
provide information that identifies customers desiring non-listed or
non-published telephone numbers or non-published addresses to the CTU or
affiliate of the CTU that publishes a white pages telephone directory on behalf
of the CTU and to the CTU maintaining the directory assistance database. A CTU
or affiliate of the CTU that publishes a white pages telephone directory on
behalf of the CTU must not divulge such non-listed or non-published telephone
numbers or addresses and the CTU maintaining the directory assistance database
must not divulge such non-published telephone numbers or addresses.
(viii) CTUs must provide each other
non-discriminatory access to directory assistance databases.
(2) At a minimum,
interconnecting CTUs must negotiate to ensure the following:
(A) Non-discriminatory access to databases
such as 800 and Line Information Data Base (LIDB) where technically feasible,
to ensure interoperability between networks and the efficient, timely provision
of service to customers;
(B)
non-discriminatory access to Telecommunications Relay Service;
(C) Common Channel Signaling interconnection
including transmission of privacy indicator where technically
available;
(D) non-discriminatory
access to all signaling protocols and all elements of signaling protocols used
in routing local and interexchange traffic, including signaling protocols used
to query call processing databases, where technically feasible;
(E) number portability and the inclusion of
the NCTU's NXX code(s) in the Local Exchange Routing Guide and related
systems;
(F) non-discriminatory
handling, including billing, of mass announcement/audiotext calls including 900
and 976 calls;
(G) provision of
intercept services for a specific telephone number in the event a customer
discontinues service with one CTU, initiates service with another CTU, and the
customer's telephone number changes;
(H) cooperative engineering, operations,
maintenance and billing practices and procedures; and
(I) non-discriminatory access to Advanced
Intelligent Network (AIN), where technically available.
(f) Negotiations.
(1) A negotiating party, including a CTU,
must engage in good-faith negotiations and cooperative planning as necessary to
achieve mutually agreeable interconnection arrangements.
(2) Before terminating its first commercial
telephone call, a CTU requesting interconnection must negotiate with each CTU
or other negotiating party that is necessary to complete all telephone calls,
including local service calls and EAS or ELCS calls, made by or placed to a
customer of the requesting CTU. Upon request, DCTUs within major metropolitan
calling areas will contact other CTUs and arrange meetings, within 15 days of
such request, to facilitate negotiations and provide a forum for discussions of
network efficiencies and intercompany billing arrangements.
(3) Unless the negotiating parties establish
a mutually agreeable date, negotiations are deemed to begin on the date when
the CTU or other negotiating party from which interconnection is being
requested receives the request for interconnection from the CTU seeking
interconnection. The request must :
(A) be in
writing and hand-delivered; sent by certified mail or by facsimile;
(B) identify the initial specific issues to
be resolved, the specific underlying facts, and the requesting CTU's proposed
resolution of each issue;
(C)
provide any other material necessary to support the request, included as
appendices; and
(D) provide the
identity of the person authorized to negotiate for the requesting
CTU.
(4) The requesting
CTU may identify additional issues for negotiation without causing an
alteration of the date on which negotiations are deemed to begin.
(5) The CTU or negotiating party from which
interconnection is sought must respond to the interconnection request no later
than 14 working days from the date the request is received. The response shall:
(A) be in writing and hand-delivered, sent by
certified mail, or by facsimile;
(B) respond specifically to the requesting
party's proposed resolution of each initial issue identified by the requesting
party, identify the specific underlying facts upon which the response is based
and, if the response is not in agreement with the requesting party's proposed
resolution of each issue, the responding party's proposed resolution of each
issue;
(C) provide any other
material necessary to support the response, included as appendices;
and
(D) provide the identity of the
person authorized to negotiate for the responding party.
(6) At any point during the negotiations
required under this subsection, a CTU or negotiating party may request the
commission designee to participate in the negotiations and to mediate any
differences arising in the course of the negotiation.
(7) An interconnecting CTU may, by written
agreement, accelerate the requirements of this subsection with respect to a
particular interconnection agreement except that the requirements of subsection
(g)(1)(A) of this section must not be accelerated.
(8) Any disputes arising under or pertaining
to negotiated interconnection agreements must be resolved in accordance with
Chapter 21, Subchapter E, of this title (relating to Post-Interconnection
Agreement Dispute Resolution).
(g) Compulsory arbitration process.
(1) A negotiating CTU that is unable to reach
mutually agreeable terms, rates, or conditions for interconnection with any CTU
or negotiating party may petition the commission to arbitrate any unresolved
issues. To initiate the arbitration procedure, a negotiating CTU:
(A) must file its petition with the
commission on or between 135 and 160 days after the date on which its request
for negotiation under subsection (f) of this section was received by the other
CTU involved in the negotiation;
(B) must provide the identity of each CTU or
negotiating party with which agreement cannot be reached but whose cooperation
is necessary to complete all telephone calls made by or placed to the customers
of the requesting CTU;
(C) must
provide all relevant documentation concerning the unresolved issues;
(D) must provide all relevant documentation
concerning the position of each of the negotiating parties with respect to
those issues;
(E) must provide all
relevant documentation concerning any other issue discussed and resolved by the
negotiating parties; and
(F) must
send a copy of the petition and any documentation to the CTU or negotiating
party with which agreement cannot be reached, not later than the day on which
the commission receives the petition.
(2) A non-petitioning party to a negotiation
under subsection (f) of this section may respond to the other party's petition
and provide such additional information within 25 days after the commission
receives the petition.
(3) The
compulsory arbitration process must be completed no later than nine months
after the date on which a CTU receives a request for interconnection under
subsection (f) of this section.
(4)
Any disputes arising under or pertaining to arbitrated interconnection
agreements must be resolved in accordance with Chapter 21, Subchapter E of this
title.
(h) Filing of
rates, terms, and conditions.
(1) Rates, terms
and conditions resulting from negotiations, compulsory arbitration process, and
statements of generally available terms.
(A)
A CTU from which interconnection is requested must file each agreement adopted
by negotiation or by compulsory arbitration with the commission. The commission
will make such an agreement available for public inspection and copying within
ten days after the agreement is approved by the commission in accordance with
subparagraphs (C) and (D) of this paragraph.
(B) An ILEC serving greater than five million
access lines may prepare and file with the commission, a statement of terms and
conditions that the ILEC generally offers within the state in accordance with
47 U.S.C. §
252(f) (1996). The
commission will make such a statement available for public inspection and
copying within ten days after the statement is approved by the commission in
accordance with subparagraph (E) of this paragraph.
(C) The commission will reject an agreement,
in whole or in part, adopted by negotiation if it finds that:
(i) the agreement (or any portion thereof)
discriminates against a telecommunications carrier not a party to the
agreement; or
(ii) the
implementation of such agreement or portion is not consistent with the public
interest, convenience, and necessity.
(D) The commission will reject an agreement,
in whole or in part, adopted by compulsory arbitration under subsection (g) of
this section, in accordance with guidelines found in
47 U.S.C. §
252(e)(2)(B)
(1996).
(E) The commission will
review the statement of generally available terms filed under subparagraph (B)
of this paragraph, guidelines found in
47 United States Code §
252(f) (1996). The
submission or approval of a statement under this paragraph does not relieve an
ILEC serving greater than five million access lines of its duty to negotiate
the terms and conditions of an agreement in accordance with
47 U.S.C. §
251(c)(1) (1996).
(2) Rates, terms or conditions
among DCTUs. Within 15 days of a request from a CTU negotiating interconnection
arrangements with a DCTU, a non-redacted version of any agreement reflecting
the rates, terms, and conditions between or among DCTUs which relate to
interconnection arrangements for similar traffic must be disclosed to the CTU,
subject to commission-approved non-disclosure or protective agreement. A
non-redacted version of the same agreement must be disclosed to commission
staff at the same time if requested, subject to commission-approved
non-disclosure or protective agreement.
(i) Customer safeguards.
(1) Requirements for provision of service to
customers. Nothing in this section or in a CTU's tariffs precludes a customer
of a CTU from purchasing local exchange service from more than one CTU at a
time. A CTU is prohibited from connecting, disconnecting, or moving any wiring
or circuits on the customer's side of the demarcation point without the
customer's express authorization as specified in §
26.130 of this title, (relating to
Selection of Telecommunications Utilities).
(2) Requirements for CTUs ceasing operations.
If a CTU ceases operations, the CTU is responsible for notifying the commission
and each customer of the CTU at least 61 working days in advance that each
customer's service will be terminated. The notification must include a listing
of all alternative service providers available to customers in the exchange and
specify the date on which service will be terminated.
(3) Requirements for service installations. A
DCTU that interconnect with an NCTU is responsible for meeting the installation
of service requirements under §
26.54 of this title in providing
service to the NCTU. NCTUs must make a good-faith effort to meet the
requirements for installation in §
26.54 of this title, and may
negotiate with the DCTU to establish a procedure to meet this goal.
(A) For those customers for whom the NCTU
provides dial tone but not the local loop, 95% of the NCTU's service orders
must be completed in no more than ten working days from request for service,
unless a later date is agreed to by the customer.
(B) For those customers for whom the NCTU
does not provide dial tone and resells the telephone services of a DCTU, 95% of
the NCTU's service orders must be completed no more than seven working days
from request for service, unless the customer agrees to a later date.
(C) For those customers where the NCTU uses
facilities other than a DCTU's resale facilities obtained through Public
Utility Regulatory Act §60.041, the NCTU must complete service orders
within 30 calendar days from the request for service, unless a later date is
agreed to by the customer.
(D) A
DCTU must not discriminate between the DCTU's customers and the customers of an
NCTU if the DCTU is able to install service in less than the time permitted
under §
26.54 of this title.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.