Current through 2024-51, December 18, 2024
Section 407-280-6 - PROVISION OF FACILITIES BY LOCAL EXCHANGE CARRIERS TO OTHER TELECOMMUNICATIONS CARRIERSA.General Obligation of LECS. Upon request by an interexchange carrier, a local exchange carrier LEC shall provide access services and facilities in those areas where it provides service and where that provision is technically feasible, by using its own facilities or by obtaining them from another telecommunications carrier. Access facilities should be provided in a timely manner and in a quantity sufficient to accommodate the traffic expected to be generated by the interexchange carrier.B.Excessive Traffic. 1.Limitation or Delay. If the provision of the access services or facilities will cause substantial concentration, redirection, or other change to traffic volumes carried on the public switched network that may result in a degradation of service to the LEC's other customers, the LEC shall apply to the Commission for a waiver of these provisions to allow it to terminate, limit, or delay temporarily the provision of service to the requesting interexchange carrier until sufficient facilities can be made available.2.Capital Additions; Payment. If an interexchange carrier wishes to offer competitive services from an exchange which has Extended Area Service (EAS) calling to another exchange, it must obtain Feature Group D (FGD) type access from the affected local exchange carrier(s) at each of the exchanges in which the IXC competitive telecommunications services are to be provided. If FGD is unavailable, the IXC shall pay the affected local exchange carrier all the capital and other costs it incurs that are reasonably necessary to ensure that the access provided to the competitive carrier will not significantly degrade the service to the affected local exchange carrier's own end-users. A reasonable portion of those costs shall be collected in the form of an installation charge to the IXC at the time the capital additions are required.65- 407 C.M.R. ch. 280, § 6