§  51.711   Symmetrical reciprocal compensation.

   (a) Rates for transport and termination of Non-Access
   Telecommunications Traffic shall be symmetrical, unless carriers
   mutually agree otherwise, except as provided in paragraphs (b) and (c)
   of this section.

   (1) For purposes of this subpart, symmetrical rates are rates that a
   carrier other than an incumbent LEC assesses upon an incumbent LEC for
   transport and termination of Non-Access Telecommunications Traffic
   equal to those that the incumbent LEC assesses upon the other carrier
   for the same services.

   (2) In cases where both parties are incumbent LECs, or neither party is
   an incumbent LEC, a state commission shall establish the symmetrical
   rates for transport and termination based on the larger carrier's
   forward-looking costs.

   (3) Where the switch of a carrier other than an incumbent LEC serves a
   geographic area comparable to the area served by the incumbent LEC's
   tandem switch, the appropriate rate for the carrier other than an
   incumbent LEC is the incumbent LEC's tandem interconnection rate.

   (b) Except as provided in § 51.705, a state commission may establish
   asymmetrical rates for transport and termination of Non-Access
   Telecommunications Traffic only if the carrier other than the incumbent
   LEC (or the smaller of two incumbent LECs) proves to the state
   commission on the basis of a cost study using the forward-looking
   economic cost based pricing methodology described in § § 51.505 and
   51.511, that the forward-looking costs for a network efficiently
   configured and operated by the carrier other than the incumbent LEC (or
   the smaller of two incumbent LECs), exceed the costs incurred by the
   incumbent LEC (or the larger incumbent LEC), and, consequently, that
   such that a higher rate is justified.

   (c) Pending further proceedings before the Commission, a state
   commission shall establish the rates that licensees in the Paging and
   Radiotelephone Service (defined in part 22, subpart E of this chapter),
   Narrowband Personal Communications Services (defined in part 24,
   subpart D of this chapter), and Paging Operations in the Private Land
   Mobile Radio Services (defined in part 90, subpart P of this chapter)
   may assess upon other carriers for the transport and termination of
   telecommunications traffic based on the forward-looking costs that such
   licensees incur in providing such services, pursuant to § § 51.505 and
   51.511. Such licensees' rates shall not be set based on the default
   proxies described in § 51.707.

   [ 61 FR 45619 , Aug. 29, 1996 , as amended at  76 FR 73856 , Nov. 29, 2011]