§ 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]

   return arrow Back to Top