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47 CFR 51.803 - Procedures for Commission notification of a state commission's failure to act.

There is 1 rule appearing in the Federal Register for 47 CFR 51. Select the tab below to view, or View eCFR (GPOAccess)
§ 51.803
Procedures for Commission notification of a state commission's failure to act.
(a) Any party seeking preemption of a state commission's jurisdiction, based on the state commission's failure to act, shall notify the Commission in accordance with following procedures:
(1) Such party shall file with the Secretary of the Commission a petition, supported by an affidavit, that states with specificity the basis for the petition and any information that supports the claim that the state has failed to act, including, but not limited to, the applicable provisions of the Act and the factual circumstances supporting a finding that the state commission has failed to act;
(2) Such party shall ensure that the state commission and the other parties to the proceeding or matter for which preemption is sought are served with the petition required in paragraph (a)(1) of this section on the same date that the petitioning party serves the petition on the Commission; and
(3) Within fifteen days from the date of service of the petition required in paragraph (a)(1) of this section, the applicable state commission and parties to the proceeding may file with the Commission a response to the petition.
(b) The party seeking preemption must prove that the state has failed to act to carry out its responsibilities under section 252 of the Act.
(c) The Commission, pursuant to section 252(e)(5) of the Act, may take notice upon its own motion that a state commission has failed to act. In such a case, the Commission shall issue a public notice that the Commission has taken notice of a state commission's failure to act. The applicable state commission and the parties to a proceeding or matter in which the Commission has taken notice of the state commission's failure to act may file, within fifteen days of the issuance of the public notice, comments on whether the Commission is required to assume the responsibility of the state commission under section 252 of the Act with respect to the proceeding or matter.
(d) The Commission shall issue an order determining whether it is required to preempt the state commission's jurisdiction of a proceeding or matter within 90 days after being notified under paragraph (a) of this section or taking notice under paragraph (c) of this section of a state commission's failure to carry out its responsibilities under section 252 of the Act.

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