§ 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]

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