Goto Section: 51.801 | 51.805 | Table of Contents
FCC 51.803
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 51.803 Procedures for Commission notification of a state commission's
failure to act.
(a) Any party seeking preemption of a state commission's jurisdiction, based
on the state commission's failure to act, shall notify the Commission in
accordance with following procedures:
(1) Such party shall file with the Secretary of the Commission a petition,
supported by an affidavit, that states with specificity the basis for the
petition and any information that supports the claim that the state has
failed to act, including, but not limited to, the applicable provisions of
the Act and the factual circumstances supporting a finding that the state
commission has failed to act;
(2) Such party shall ensure that the state commission and the other parties
to the proceeding or matter for which preemption is sought are served with
the petition required in paragraph (a)(1) of this section on the same date
that the petitioning party serves the petition on the Commission; and
(3) Within fifteen days from the date of service of the petition required in
paragraph (a)(1) of this section, the applicable state commission and
parties to the proceeding may file with the Commission a response to the
petition.
(b) The party seeking preemption must prove that the state has failed to act
to carry out its responsibilities under section 252 of the Act.
(c) The Commission, pursuant to section 252(e)(5) of the Act, may take
notice upon its own motion that a state commission has failed to act. In
such a case, the Commission shall issue a public notice that the Commission
has taken notice of a state commission's failure to act. The applicable
state commission and the parties to a proceeding or matter in which the
Commission has taken notice of the state commission's failure to act may
file, within fifteen days of the issuance of the public notice, comments on
whether the Commission is required to assume the responsibility of the state
commission under section 252 of the Act with respect to the proceeding or
matter.
(d) The Commission shall issue an order determining whether it is required
to preempt the state commission's jurisdiction of a proceeding or matter
within 90 days after being notified under paragraph (a) of this section or
taking notice under paragraph (c) of this section of a state commission's
failure to carry out its responsibilities under section 252 of the Act.
Goto Section: 51.801 | 51.805
Goto Year: 2007 |
2009
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