Administrative Code

Virginia Administrative Code
Title 20. Public Utilities and Telecommunications
Agency 5. State Corporation Commission
2/27/2020

Chapter 429. Rules Governing Compensation, Numbering, Interconnection, and Other Local Inter-Carrier Matters

20VAC5-429-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Competitive local exchange carrier" ("CLEC") means an entity other than a locality certificated to provide local exchange telecommunications services in Virginia after January 1, 1996, pursuant to § 56-265.4:4 of the Code of Virginia. An incumbent local exchange carrier shall be considered a CLEC in any territory that is outside the territory it was certificated to serve as of December 31, 1995, for which it obtains a certificate to provide local exchange telecommunications services on or after January 1, 1996.

"Incumbent local exchange carrier" or "incumbent" ("ILEC") means a public service company providing local exchange telecommunications services in Virginia on December 31, 1995, pursuant to a certificate of public convenience and necessity, or the successors to any such company.

"Interconnection" means the point of interface between local exchange carriers' networks. Interconnection can be achieved at different points of the network.

"Interim number portability" means the service provided in lieu of true number portability. Interim solutions available from the ILEC, which include remote call forwarding and direct inward dialing, enable customers to change providers without the appearance of changing telephone numbers but rely on the incumbent's network to process some or all calls.

"Local exchange carrier" ("LEC") means a certificated provider of local exchange telecommunications services, whether an incumbent or new entrant.

"Local exchange telecommunications services" means local exchange telephone service as defined by § 56-1 of the Code of Virginia.

"Locality" means a city, town, or county that operates an electric distribution system in Virginia.

"Municipal local exchange carrier" ("MLEC") means a locality certificated to provide local exchange telecommunications services pursuant to § 56-265.4:4 of the Code of Virginia.

"Mutual exchange of traffic" means the reciprocal arrangement by which local exchange carriers terminate the local calls of other local exchange carriers' customers on their networks.

"New entrant" means a CLEC or an MLEC.

"Porting" means the act of moving an individual customer's telephone number from one local exchange carrier to another carrier.

"Terminating compensation" means the payment or other exchange mechanism used by a local exchange carrier for terminating the local exchange traffic of another local exchange carrier.

"True number portability" means the technical capability of a CLEC to allow customers to retain their telephone number when they change providers (without a change in location) without reliance on calls being routed through the end office where the original NXX is assigned.

"Unbundling" means the process by which a local exchange telephone carrier's network is disaggregated into functional components.

Statutory Authority

§§ 12.1-13 and 56-265.4:4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 17, eff. April 10, 2003.

20VAC5-429-20. Interconnection.

A. Interconnection arrangements between local exchange carriers shall make available network features, functions, interface points, and other service elements on an unbundled basis. The commission shall, on petition by any party to the proposed interconnection or on its own motion, determine the reasonableness of any interconnection request.

B. Interconnection arrangements should apply equally and on a nondiscriminatory basis to all local exchange carriers.

C. Interconnection arrangements shall be made available pursuant to a bona fide written request. No refusal or unreasonable delay by any provider to another carrier will be tolerated.

D. Local exchange carriers shall provide nondiscriminatory use of pole attachments, conduit space, and rights-of-way.

E. Negotiation of interconnection agreements should be completed within 90 days of a bona fide request. Interconnection agreements shall be filed with the commission within 10 days of their execution. Upon complaint of any affected party or on its own motion, the commission may initiate a proceeding to determine if any such agreement is reasonable and nondiscriminatory.

F. No sooner than 45 days from the initial interconnection request, any party to the request may petition the commission for a hearing in lieu of negotiations or as a result of unsuccessful negotiations. Upon such petition, the commission shall establish a proceeding to determine tariffed prices and service arrangements for interconnection.

G. Unbundled functional elements of a local exchange carrier's network that are made available through interconnection agreements shall also be made available on an individual tariffed basis within 60 days of filing unless otherwise ordered by the commission.

Statutory Authority

§§ 12.1-13 and 56-265.4:4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 17, eff. April 10, 2003.

20VAC5-429-30. Terminating traffic compensation.

A. Any compensation arrangement for the mutual exchange of local traffic should reflect the reciprocal relationship between local exchange carriers and the development of local exchange competition.

B. The commission may establish at any time, upon application or its own motion, appropriate compensation levels for mutual exchange of local traffic.

C. Local exchange carriers may deliver local traffic for termination on another carrier's local network only at the compensation level established in conformance with this section.

D. Any compensation arrangements for the mutual exchange of local traffic shall provide for equitable treatment or rates between the local exchange carriers.

Statutory Authority

§§ 12.1-13 and 56-265.4:4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 17, eff. April 10, 2003.

20VAC5-429-40. Number portability and number assignment.

A. Consumers shall have the ability to retain the same telephone number if they remain in the same geographic area where the NXX is normally provided, regardless of their chosen local exchange carrier.

B. True number portability shall be made available when technically and economically feasible.

C. Interim number portability arrangements shall be utilized until true number portability is available.

D. To the extent feasible, the ILEC shall provide new entrants with reservations for a reasonably sufficient block of numbers for their use.

E. LECs shall not charge for porting a customer's telephone number when the customer changes local exchange carriers.

Statutory Authority

§§ 12.1-13 and 56-265.4:4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 17, eff. April 10, 2003.

20VAC5-429-50. Universal service.

The goals of universal service and affordability of basic local exchange telephone service must be maintained in a competitive local exchange environment for the citizens of Virginia. The following requirements shall apply:

1. The commission may, if necessary, establish a Universal Service Fund and applicable payment mechanism. Any such fund shall require the participation and support of all local exchange carriers.

2. The establishment of a Universal Service Fund shall first require the evaluation of the definition of basic local exchange telephone service and the calculation of the subsidy required to support the ubiquity of such service.

3. The ILECs shall be designated as the carriers of last resort in their current local serving areas until such time as the commission determines otherwise.

Statutory Authority

§§ 12.1-13 and 56-265.4:4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 17, eff. April 10, 2003.

20VAC5-429-60. Commission authority.

The commission may, in its discretion, waive or grant exceptions to any of the provisions of this chapter.

Statutory Authority

§§ 12.1-13 and 56-265.4:4 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 19, Issue 17, eff. April 10, 2003.



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