§  51.715   Interim transport and termination pricing.

   (a) Upon request from a telecommunications carrier without an existing
   interconnection arrangement with an incumbent LEC, the incumbent LEC
   shall provide transport and termination of telecommunications traffic
   immediately under an interim arrangement, pending resolution of
   negotiation or arbitration regarding transport and termination rates
   and approval of such rates by a state commission under sections 251 and
   252 of the Act.

   (1) This requirement shall not apply when the requesting carrier has an
   existing interconnection arrangement that provides for the transport
   and termination of telecommunications traffic by the incumbent LEC.

   (2) A telecommunications carrier may take advantage of such an interim
   arrangement only after it has requested negotiation with the incumbent
   LEC pursuant to § 51.301.

   (b) Upon receipt of a request as described in paragraph (a) of this
   section, an incumbent LEC must, without unreasonable delay, establish
   an interim arrangement for transport and termination of
   telecommunications traffic at symmetrical rates.

   (1) In a state in which the state commission has established transport
   and termination rates based on forward-looking economic cost studies,
   an incumbent LEC shall use these state-determined rates as interim
   transport and termination rates.

   (2) In a state in which the state commission has established transport
   and termination rates consistent with the default price ranges and
   ceilings described in § 51.707, an incumbent LEC shall use these
   state-determined rates as interim rates.

   (3) In a state in which the state commission has neither established
   transport and termination rates based on forward-looking economic cost
   studies nor established transport and termination rates consistent with
   the default price ranges described in § 51.707, an incumbent LEC shall
   set interim transport and termination rates at the default ceilings for
   end-office switching (0.4 cents per minute of use), tandem switching
   (0.15 cents per minute of use), and transport (as described in
   § 51.707(b)(2)).

   (c) An interim arrangement shall cease to be in effect when one of the
   following occurs with respect to rates for transport and termination of
   telecommunications traffic subject to the interim arrangement:

   (1) A voluntary agreement has been negotiated and approved by a state
   commission;

   (2) An agreement has been arbitrated and approved by a state
   commission; or

   (3) The period for requesting arbitration has passed with no such
   request.

   (d) If the rates for transport and termination of telecommunications
   traffic in an interim arrangement differ from the rates established by
   a state commission pursuant to § 51.705, the state commission shall
   require carriers to make adjustments to past compensation. Such
   adjustments to past compensation shall allow each carrier to receive
   the level of compensation it would have received had the rates in the
   interim arrangement equalled the rates later established by the state
   commission pursuant to § 51.705.