---
kind: "section"
citation: "47 C.F.R. § 51.709"
title: "47"
number: "51.709"
heading: "Rate structure for transport and termination."
url: "https://uscodex.org/cfr/47/51.709"
---

# §51.709. Rate structure for transport and termination.

- (a) In state proceedings, where a rate for Non-Access Reciprocal Compensation does not exist as of December 29, 2011, a state commission shall establish initial rates for the transport and termination of Non-Access Telecommunications Traffic that are structured consistently with the manner that carriers incur those costs, and consistently with the principles in this section.
- (b) The rate of a carrier providing transmission facilities dedicated to the transmission of non-access traffic between two carriers' networks shall recover only the costs of the proportion of that trunk capacity used by an interconnecting carrier to send non-access traffic that will terminate on the providing carrier's network. Such proportions may be measured during peak periods.
- (c) For Non-Access Telecommunications Traffic exchanged between a rate-of-return regulated rural telephone company as defined in [§ 51.5](/cfr/47/51.5.md) and a CMRS provider, the rural rate-of-return incumbent local exchange carrier will be responsible for transport to the CMRS provider's interconnection point when it is located within the rural rate-of-return incumbent local exchange carrier's service area. When the CMRS provider's interconnection point is located outside the rural rate-of-return incumbent local exchange carrier's service area, the rural rate-of-return incumbent local exchange carrier's transport and provisioning obligation stops at its meet point and the CMRS provider is responsible for the remaining transport to its interconnection point. This [paragraph (c)](#c) is a default provision and applicable in the absence of an existing agreement or arrangement otherwise.

## Notes

### Amendments

[76 FR 73856, Nov. 29, 2011]

### Authority

Authority: 47 U.S.C. 151-55, 201-05, 207-09, 218, 225-27, 251-52, 271, 332 unless otherwise noted.

### Source

Source: 61 FR 45619, Aug. 29, 1996, unless otherwise noted.

### Amendments

[76 FR 73856, Nov. 29, 2011]