(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 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 Cont'd...