47 C.F.R. § 51.301

Duty to negotiate

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(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]

Notes of Decisions

Cited in 4 cases, 2006–2012 · leading case: W. Radio Servs. Co. v. Qwest Corp., 530 F.3d 1186 (9th Cir. 2008).

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W. Radio Servs. Co. v. Qwest Corp., 530 F.3d 1186 (9th Cir. 2008). · cites it 2× “See 47 C.F.R. § 51.301 (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 .”

W. Radio Servs. Co. v. Qwest Corp., 678 F.3d 970 (9th Cir. 2012). “See 47 C.F.R. § 51.301 (c). If a party’s failure to negotiate in good faith is an “open issue[]” in arbitration proceedings before the state commission, Section 252(b) of the Act requires the state commission to rule upon it.”

State ex rel. Alma Tel. Co. v. Pub. Serv. Comm'n, 183 S.W.3d 575 (Mo. 2006). “The FCC has recently confirmed that in the absence of a reciprocal compensation arrangement, “CMRS providers accept the terms of otherwise applicable state tariffs.”

W. Radio Servs. Co. v. Qwest Corp. (9th Cir. 2008). · cites it 2× “See 47 C.F.R. § 51.301 (c) (“If proven to the Commission, an appro- priate state commission, or a court of competent jurisdiction, the parties as would an administrative law judge, and the arbitrator’s sub- stantive rulings may be appealed to the state commission itself.”

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