§ 51.801   Commission action upon a state commission's failure to act to carry
out its responsibility under section 252 of the Act.

   (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.

   return arrow Back to Top