47 U.S.C. § 252 : US Code - Section 252: Procedures for negotiation, arbitration, and approval of agreements

Search 47 U.S.C. § 252 : US Code - Section 252: Procedures for negotiation, arbitration, and approval of agreements

(a) Agreements arrived at through negotiation
(1) Voluntary negotiations
Upon receiving a request for interconnection, services, or
network elements pursuant to section 251 of this title, an
incumbent local exchange carrier may negotiate and enter into a
binding agreement with the requesting telecommunications carrier
or carriers without regard to the standards set forth in
subsections (b) and (c) of section 251 of this title. The
agreement shall include a detailed schedule of itemized charges
for interconnection and each service or network element included
in the agreement. The agreement, including any interconnection
agreement negotiated before February 8, 1996, shall be submitted
to the State commission under subsection (e) of this section.
(2) Mediation
Any party negotiating an agreement under this section may, at
any point in the negotiation, ask a State commission to
participate in the negotiation and to mediate any differences
arising in the course of the negotiation.
(b) Agreements arrived at through compulsory arbitration
(1) Arbitration
During the period from the 135th to the 160th day (inclusive)
after the date on which an incumbent local exchange carrier
receives a request for negotiation under this section, the
carrier or any other party to the negotiation may petition a
State commission to arbitrate any open issues.
(2) Duty of petitioner
(A) A party that petitions a State commission under paragraph
(1) shall, at the same time as it submits the petition, provide
the State commission all relevant documentation concerning -
(i) the unresolved issues;
(ii) the position of each of the parties with respect to
those issues; and
(iii) any other issue discussed and resolved by the parties.
(B) A party petitioning a State commission under paragraph (1)
shall provide a copy of the petition and any documentation to the
other party or parties not later than the day on which the State
commission receives the petition.
(3) Opportunity to respond
A non-petitioning party to a negotiation under this section may
respond to the other party's petition and provide such additional
information as it wishes within 25 days after the State
commission receives the petition.
(4) Action by State commission
(A) The State commission shall limit its consideration of any
petition under paragraph (1) (and any response thereto) to the
issues set forth in the petition and in the response, if any,
filed under paragraph (3).
(B) The State commission may require the petitioning party and
the responding party to provide such information as may be
necessary for the State commission to reach a decision on the
unresolved issues. If any party refuses or fails unreasonably to
respond on a timely basis to any reasonable request from the
State commission, then the State commission may proceed on the
basis of the best information available to it from whatever
source derived.
(C) The State commission shall resolve each issue set forth in
the petition and the response, if any, by imposing appropriate
conditions as required to implement subsection (c) of this
section upon the parties to the agreement, and shall conclude the
resolution of any unresolved issues not later than 9 months after
the date on which the local exchange carrier received the request
under this section.
(5) Refusal to negotiate
The refusal of any other party to the negotiation to
participate further in the negotiations, to cooperate with the
State commission in carrying out its function as an arbitrator,
or to continue to negotiate in good faith in the presence, or
with the assistance, of the State commission shall be considered
a failure to negotiate in good faith.
(c) Standards for arbitration
In resolving by arbitration under subsection (b) of this section
any open issues and imposing conditions upon the parties to the
agreement, a State commission shall -
(1) ensure that such resolution and conditions meet the
requirements of section 251 of this title, including the
regulations prescribed by the Commission pursuant to section 251
of this title;
(2) establish any rates for interconnection, services, or
network elements according to subsection (d) of this section; and
(3) provide a schedule for implementation of the terms and
conditions by the parties to the agreement.
(d) Pricing standards
(1) Interconnection and network element charges
Determinations by a State commission of the just and reasonable
rate for the interconnection of facilities and equipment for
purposes of subsection (c)(2) of section 251 of this title, and
the just and reasonable rate for network elements for purposes of
subsection (c)(3) of such section -
(A) shall be -
(i) based on the cost (determined without reference to a
rate-of-return or other rate-based proceeding) of providing
the interconnection or network element (whichever is
applicable), and
(ii) nondiscriminatory, and
(B) may include a reasonable profit.
(2) Charges for transport and termination of traffic
(A) In general
For the purposes of compliance by an incumbent local exchange
carrier with section 251(b)(5) of this title, a State
commission shall not consider the terms and conditions for
reciprocal compensation to be just and reasonable unless -
(i) such terms and conditions provide for the mutual and
reciprocal recovery by each carrier of costs associated with
the transport and termination on each carrier's network
facilities of calls that originate on the network facilities
of the other carrier; and
(ii) such terms and conditions determine such costs on the
basis of a reasonable approximation of the additional costs
of terminating such calls.
(B) Rules of construction
This paragraph shall not be construed -
(i) to preclude arrangements that afford the mutual
recovery of costs through the offsetting of reciprocal
obligations, including arrangements that waive mutual
recovery (such as bill-and-keep arrangements); or
(ii) to authorize the Commission or any State commission to
engage in any rate regulation proceeding to establish with
particularity the additional costs of transporting or
terminating calls, or to require carriers to maintain records
with respect to the additional costs of such calls.
(3) Wholesale prices for telecommunications services
For the purposes of section 251(c)(4) of this title, a State
commission shall determine wholesale rates on the basis of retail
rates charged to subscribers for the telecommunications service
requested, excluding the portion thereof attributable to any
marketing, billing, collection, and other costs that will be
avoided by the local exchange carrier.
(e) Approval by State commission
(1) Approval required
Any interconnection agreement adopted by negotiation or
arbitration shall be submitted for approval to the State
commission. A State commission to which an agreement is submitted
shall approve or reject the agreement, with written findings as
to any deficiencies.
(2) Grounds for rejection
The State commission may only reject -
(A) an agreement (or any portion thereof) adopted by
negotiation under subsection (a) of this section if it finds
that -
(i) the agreement (or portion thereof) discriminates
against a telecommunications carrier not a party to the
agreement; or
(ii) the implementation of such agreement or portion is not
consistent with the public interest, convenience, and
necessity; or
(B) an agreement (or any portion thereof) adopted by
arbitration under subsection (b) of this section if it finds
that the agreement does not meet the requirements of section
251 of this title, including the regulations prescribed by the
Commission pursuant to section 251 of this title, or the
standards set forth in subsection (d) of this section.
(3) Preservation of authority
Notwithstanding paragraph (2), but subject to section 253 of
this title, nothing in this section shall prohibit a State
commission from establishing or enforcing other requirements of
State law in its review of an agreement, including requiring
compliance with intrastate telecommunications service quality
standards or requirements.
(4) Schedule for decision
If the State commission does not act to approve or reject the
agreement within 90 days after submission by the parties of an
agreement adopted by negotiation under subsection (a) of this
section, or within 30 days after submission by the parties of an
agreement adopted by arbitration under subsection (b) of this
section, the agreement shall be deemed approved. No State court
shall have jurisdiction to review the action of a State
commission in approving or rejecting an agreement under this
section.
(5) Commission to act if State will not act
If a State commission fails to act to carry out its
responsibility under this section in any proceeding or other
matter under this section, then the Commission shall issue an
order preempting the State commission's jurisdiction of that
proceeding or matter within 90 days after being notified (or
taking notice) of such failure, and shall assume the
responsibility of the State commission under this section with
respect to the proceeding or matter and act for the State
commission.
(6) Review of State commission actions
In a case in which a State fails to act as described in
paragraph (5), the proceeding by the Commission under such
paragraph and any judicial review of the Commission's actions
shall be the exclusive remedies for a State commission's failure
to act. In any case in which a State commission makes a
determination under this section, any party aggrieved by such
determination may bring an action in an appropriate Federal
district court to determine whether the agreement or statement
meets the requirements of section 251 of this title and this
section.
(f) Statements of generally available terms
(1) In general
A Bell operating company may prepare and file with a State
commission a statement of the terms and conditions that such
company generally offers within that State to comply with the
requirements of section 251 of this title and the regulations
thereunder and the standards applicable under this section.
(2) State commission review
A State commission may not approve such statement unless such
statement complies with subsection (d) of this section and
section 251 of this title and the regulations thereunder. Except
as provided in section 253 of this title, nothing in this section
shall prohibit a State commission from establishing or enforcing
other requirements of State law in its review of such statement,
including requiring compliance with intrastate telecommunications
service quality standards or requirements.
(3) Schedule for review
The State commission to which a statement is submitted shall,
not later than 60 days after the date of such submission -
(A) complete the review of such statement under paragraph (2)
(including any reconsideration thereof), unless the submitting
carrier agrees to an extension of the period for such review;
or
(B) permit such statement to take effect.
(4) Authority to continue review
Paragraph (3) shall not preclude the State commission from
continuing to review a statement that has been permitted to take
effect under subparagraph (B) of such paragraph or from approving
or disapproving such statement under paragraph (2).
(5) Duty to negotiate not affected
The submission or approval of a statement under this subsection
shall not relieve a Bell operating company of its duty to
negotiate the terms and conditions of an agreement under section
251 of this title.
(g) Consolidation of State proceedings
Where not inconsistent with the requirements of this chapter, a
State commission may, to the extent practical, consolidate
proceedings under sections 214(e), 251(f), 253 of this title, and
this section in order to reduce administrative burdens on
telecommunications carriers, other parties to the proceedings, and
the State commission in carrying out its responsibilities under
this chapter.
(h) Filing required
A State commission shall make a copy of each agreement approved
under subsection (e) of this section and each statement approved
under subsection (f) of this section available for public
inspection and copying within 10 days after the agreement or
statement is approved. The State commission may charge a reasonable
and nondiscriminatory fee to the parties to the agreement or to the
party filing the statement to cover the costs of approving and
filing such agreement or statement.
(i) Availability to other telecommunications carriers
A local exchange carrier shall make available any
interconnection, service, or network element provided under an
agreement approved under this section to which it is a party to any
other requesting telecommunications carrier upon the same terms and
conditions as those provided in the agreement.
(j) "Incumbent local exchange carrier" defined
For purposes of this section, the term "incumbent local exchange
carrier" has the meaning provided in section 251(h) of this title.