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CFR › Title 47 › Chapter I › Subchapter B › Part 51 › Subpart D › Section 51.301

47 CFR 51.301 - Duty to negotiate.

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§ 51.301
Duty to negotiate.
(a) An incumbent LEC shall negotiate in good faith the terms and conditions of agreements to fulfill the duties established by sections 251 (b) and (c) of the Act.
(b) A requesting telecommunications carrier shall negotiate in good faith the terms and conditions of agreements described in paragraph (a) of this section.
(c) If proven to the Commission, an appropriate state commission, or a court of competent jurisdiction, the following actions or practices, among others, violate the duty to negotiate in good faith:
(1) Demanding that another party sign a nondisclosure agreement that precludes such party from providing information requested by the Commission, or a state commission, or in support of a request for arbitration under section 252(b)(2)(B) of the Act;
(2) Demanding that a requesting telecommunications carrier attest that an agreement complies with all provisions of the Act, federal regulations, or state law;
(3) Refusing to include in an arbitrated or negotiated agreement a provision that permits the agreement to be amended in the future to take into account changes in Commission or state rules;
(4) Conditioning negotiation on a requesting telecommunications carrier first obtaining state certifications;
(5) Intentionally misleading or coercing another party into reaching an agreement that it would not otherwise have made;
(6) Intentionally obstructing or delaying negotiations or resolutions of disputes;
(7) Refusing throughout the negotiation process to designate a representative with authority to make binding representations, if such refusal significantly delays resolution of issues; and
(8) Refusing to provide information necessary to reach agreement. Such refusal includes, but is not limited to:
(i) Refusal by an incumbent LEC to furnish information about its network that a requesting telecommunications carrier reasonably requires to identify the network elements that it needs in order to serve a particular customer; and
(ii) Refusal by an incumbent LEC to furnish cost data that would be relevant to setting rates if the parties were in arbitration.
[61 FR 45619, Aug. 29, 1996, as amended at 68 FR 52294, Sept. 2, 2003]

Title 47 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 47.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-01-28; vol. 78 # 18 - Monday, January 28, 2013
    1. 78 FR 5745 - Nonsubstantive, Editorial or Conforming Amendments of the Commission's Rules
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Final rule.
      Effective January 28, 2013.
      47 CFR Parts 32, 51 and 69

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

§ 151 - Purposes of chapter; Federal Communications Commission created

§ 152 - Application of chapter

§ 153 - Definitions

§ 154 - Federal Communications Commission

§ 155 - Commission

§ 157 - New technologies and services

§ 201 - Service and charges

§ 202 - Discriminations and preferences

§ 203 - Schedules of charges

§ 204 - Hearings on new charges; suspension pending hearing; refunds; duration of hearing; appeal of order concluding hearing

§ 205 - Commission authorized to prescribe just and reasonable charges; penalties for violations

§ 207 - Recovery of damages

§ 208 - Complaints to Commission; investigations; duration of investigation; appeal of order concluding investigation

§ 209 - Orders for payment of money

§ 218 - Management of business; inquiries by Commission

§ 221 - Consolidations and mergers of telephone companies

§ 222 - Privacy of customer information

§ 223 - Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications

§ 224 - Pole attachments

§ 225 - Telecommunications services for hearing-impaired and speech-impaired individuals

§ 226 - Telephone operator services

§ 227 - Restrictions on use of telephone equipment

§ 251 - Interconnection

§ 252 - Procedures for negotiation, arbitration, and approval of agreements

§ 253 - Removal of barriers to entry

§ 254 - Universal service

§ 271 - Bell operating company entry into interLATA services

§ 332 - Mobile services

Title 47 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR 51 after this date.

  • 2013-01-28; vol. 78 # 18 - Monday, January 28, 2013
    1. 78 FR 5745 - Nonsubstantive, Editorial or Conforming Amendments of the Commission's Rules
      GPO FDSys XML | Text
      FEDERAL COMMUNICATIONS COMMISSION
      Final rule.
      Effective January 28, 2013.
      47 CFR Parts 32, 51 and 69