(a) If a state commission fails to act to carry out its responsibility under section 252 of the Act in any proceeding or other matter under section 252 of the Act, 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 section 252 of the Act with respect to the proceeding or matter and shall act for the state commission.
(b) For purposes of this part, a state commission fails to act if the state commission fails to respond, within a reasonable time, to a request for mediation, as provided for in section 252(a)(2) of the Act, or for a request for arbitration, as provided for in section 252(b) of the Act, or fails to complete an arbitration within the time limits established in section 252(b)(4)(C) of the Act.
(c) A state shall not be deemed to have failed to act for purposes of section 252(e)(5) of the Act if an agreement is deemed approved under section 252(e)(4) of the Act.
Notes of Decisions
Bell Atl.-Pennsylvania, Inc. v. Pennsylvania Pub. Util. Comm'n, 107 F. Supp. 2d 653 (E.D. Pa. 2000).
· cites it 2× “3d at 329 (citing 47 C.F.R. § 51.801 (b)). "A state commission will not be deemed to have failed to act, however, if it merely fails to approve or reject an agreement within the established time limits.”
Wisconsin Bell, Inc. v. Pub. Serv. Com'n of Wisconsin, 27 F. Supp. 2d 1149 (W.D. Wis. 1998).
· cites it 2× “See 47 C.F.R. § 51.801 (c). As a result, under the regulations, the FCC acts in place of a state commission only if the state commission fails to respond to a request for mediation or arbitration.”
MCI Telecomm. Corp. v. Pub. Serv. Comm'n, 216 F.3d 929 (10th Cir. 2000).
“” 47 C.F.R. § 51.801 (b) (1999). A state commission does not fail to act “if an agreement is deemed approved under section 252(e)(4).”
Wisconsin Bell, Inc. v. Pub. Serv. Comm'n of Wisconsin, 57 F. Supp. 2d 710 (W.D. Wis. 1999).
“Un *713 der § 252(e)(4) and 47 C.F.R. § 51.801 , if a state commission takes no action with respect to a voluntary agreement reached between carriers, the FCC does not review the agreement on behalf of the state commission.”
MCI Telecomm. Corp. v. Illinois Bell Tel. Co., 222 F.3d 323 (7th Cir. 2000).
“See 47 C.F.R. § 51.801 (b). A state commission will not be deemed to have failed to act, however, if it merely fails to approve or reject an agreement within the established time limits.”
MCI Telecomm. Corp. v. Illinois Com. Comm'n, 168 F.3d 315 (7th Cir. 1999).
· cites it 2× “See 47 C.F.R. § 51.801 . A state commission will not be deemed to have failed to act, however, if it merely fails to approve or reject an agreement within the established time limits.”
MCI Telecomm. Corp. v. Bell Atl.-Pennsylvania, Inc., 271 F.3d 491 (3rd Cir. 2001).
· cites it 3× “§ 252 (e)(4); 47 C.F.R. § 51.801 (c). If a state utility commission “fails to act” to carry out any of its responsibilities under § 252, the FCC is to assume responsibility and act in place of the state commission in carrying out these duties.”
MCI Telecomm. Corp. v. Illinois Com. Comm'n, 183 F.3d 558 (7th Cir. 1999).
· cites it 2× “See 47 C.F.R. § 51.801 . A state commission will not be deemed to have failed to act, however, if it merely fails to approve or reject an agreement within the established time limits.”
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