
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC252]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                     SUBCHAPTER II--COMMON CARRIERS
 
               Part II--Development of Competitive Markets
 
Sec. 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.

(June 19, 1934, ch. 652, title II, Sec. 252, as added Pub. L. 104-104, 
title I, Sec. 101(a), Feb. 8, 1996, 110 Stat. 66.)

                  Section Referred to in Other Sections

    This section is referred to in sections 251, 271 of this title.
