New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 11 - TELECOMMUNICATIONS › Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS › Section 17.11.18.9 - RECIPROCAL COMPENSATION

Current through Register Vol. 35, No. 13, July 16, 2024
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.