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| Is the rate cap designed to apply to the CLECs? |
Act 48 defines ILEC by incorporating the definition contained in the Federal Telecommunications Act. 47 U.S.C. 251 (h) defines an ILEC (Incumbent Local Exchange Carrier) as an entity that was providing telephone exchange service on 2/8/96. Consequently, the portion of section 8(6) that refers to ILECs would be applicable to those entities providing telephone exchange service on 2/8/96*. All others would be providers as referenced in section 8(6)(b), which states that "for all other providers in an exchange, the fee per linear foot for the provider's facilities located in the public right-of-way in that exchange shall be the same as that of the incumbent local exchange carrier."
* One exception to this is the Allband Communications Cooperative in Hillman, Michigan, which was issued a temporary license by the Michigan Public Service Commission as a new ILEC in August of 2004.
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