FCC Web Documents citing 51.807

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • 252(e)(5) of the Telecommunications Act of 1996, Memorandum Opinion & Order, CC Docket No. 00-251, DA 01-198 (Com. Car. Bur. rel. Jan. 26, 2001) (AT&T Preemption Order). See Procedures for Arbitrations Conducted Pursuant to Section 252(e)(5) of the Communications Act of 1935, as amended, Order, FCC 01-21 (rel. Jan. 19, 2001) (Arbitration Procedures Order). See also 47 C.F.R. �� 51.805, 51.807. , at para. 14. For purposes of this initial contact, the parties shall contact either Jeffrey Dygert, Assistant Bureau Chief, Common Carrier Bureau, at 202-418-7300, or Katherine Farroba, Deputy Chief, Policy and Program Planning Division, Common Carrier Bureau, at 202-418-1580. Although the Commission is not bound by the deadlines imposed by section 252 upon the state commissions, the Bureau will
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  • AT&T may use non-Verizon tools, nor does either party's proposed language address this issue. We expect that this fact-intensive issue of necessity will be handled, in the first instance, on a case-by-case basis in New York. ordering clauses Accordingly, IT IS ORDERED that, pursuant to Section 252 of the Communications Act of 1934, as amended, and Sections 0.91, 0.291 and 51.807 of the Commission's rules, 47 U.S.C. � 252 and 47 C.F.R. �� 0.91, 0.291 and 51.807, the Interconnection Agreement submitted jointly by Cox and Verizon IS APPROVED. IT IS FURTHER ORDERED that, pursuant to Section 252 of the Communications Act of 1934, as amended, and Sections 0.91, 0.291 and 51.807 of the Commission's rules, 47 U.S.C. � 252 and 47
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  • assumed jurisdiction and resolved all issues presented. See Supra Petition at 18-20, 26. Supra Reply at 4-7. Supra Reply at 4-6. Supra asserts that the Florida Commission does not have regulations permitting it to choose language in a similar fashion as the Commission does under ``final offer arbitration.'' Supra Petition at 13; Supra Reply at 19-20. See 47 C.F.R. � 51.807(d). (continued....) Federal Communications Commission DA 02-3151 Federal Communications Commission DA 02-3151 � � @& I -
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  • October 17 Evidentiary Hearing 88 Monday, October 27 Parties file Post-Hearing Briefs 95 Monday, November 3 Parties file Post-Hearing Reply Briefs See Attachment. See Procedures for Arbitrations Conducted Pursuant to Section 252(e)(5) of the Communications Act of 1934, as amended, Order, 16 FCC Rcd. 6231, FCC 01-21 (rel. Jan. 19, 2001) (Arbitration Procedures Order). See also 47 C.F.R. �� 51.805, 51.807. The Commission delegated to the Chief, Common Carrier Bureau (now WCB), authority to serve as the Arbitrator in section 252(e)(5) arbitration proceedings, with the assistance of the staff of the Wireline Competition and Enforcement Bureaus. As used in this Public Notice, the term ``Arbitrator'' refers to WCB and authorized staff of the Wireline Competition and Enforcement Bureaus assisting in the
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  • constructively waived sovereign immunity, and Ex parte Young doctrine allowed suit against commissioners); MCI Corp. v. Illinois Bell Telephone Co., 222 F.3d 323 (7th Cir. 2000) (same). See WorldCom Preemption Order 16 FCC Rcd at 6225-27, paras. 4-5. The Commission delegated to the Chief, Wireline Competition Bureau, authority to conduct such arbitrations. See 47 U.S.C. � 155(c)(1); 47 C.F.R. � 51.807(d); see also Arbitration Procedures Order, 16 FCC Rcd. at 6233, para. 8. Any filings made by Cavalier must meet the requirements of the Arbitration Procedures Order and the Commission's rules governing filing of petitions for arbitration. See 47 C.F.R. �� 51.801 et seq. For purposes of the initial contact, the parties shall contact John Stanley, Wireline Competition Bureau, at 202-418-1496.
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  • ``final'' JDPL was submitted, however, the parties indicated they could not agree whether certain contract language was properly before the Bureau for consideration. In order to resolve the matter promptly, the Arbitrator provided written instructions to the Parties the next day regarding the submission of final proposed contract language and the basis for those instructions. The Bureau explained that section 51.807(d)(2) of the rules permits the Parties to continue to negotiate during the arbitration process after ``final offers'' are filed and to ``submit subsequent final offers following such negotiations.'' The Bureau explained that Cavalier and Verizon were both entitled to submit new proposed language for consideration relating to an unresolved issue only if such language resulted from negotiations that had occurred
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  • agree that the Bureau was required to so conclude. AT&T presents no other argument to support its petition, other than to reiterate the arguments it made before the Bureau issued the Arbitration Order. Therefore, we deny AT&T's petition, and reaffirm the conclusion the Bureau reached in the Arbitration Order. ACCORDINGLY, IT IS ORDERED, pursuant to sections 0.91, 0.291, 1.106, and 51.807 of the Commission's Rules, 47 C.F.R. �� 0.91, 0.291, 1.106, and 51.807, that the Petition for Reconsideration filed by AT&T Communications of Virginia, Inc. IS DENIED. FEDERAL COMMUNICATIONS COMMISSION William F. Maher, Jr. Chief, Wireline Competition Bureau Petition of AT&T Communications of Virginia, Inc., Pursuant to Section 252(e)(5) of the Communications Act for Preemption of the Jurisdiction of the Virginia
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-181A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-181A1.txt
  • the Communications Act for Preemption of the Jurisdiction of the Virginia State Corporation Commission Regarding Interconnection Disputes with Verizon Virginia Inc., and for Expedited Arbitration, CC Docket Nos. 00-218, 00-251, Memorandum Opinion and Order, 17 FCC Rcd 19654 (WCB 2002) (Non-Cost Arbitration Approval Order). 3 See 47 C.F.R. �� 51.501 et seq., 51.701 et seq. 4 See 47 C.F.R. �� 51.807(b), (d). 5 See Cost Order, 18 FCC Rcd at 17727-28, 17991-93, 18002-03, paras. 4, 694-98, 701-02, App. E. Because AT&T and WorldCom jointly filed cost studies and jointly filed most of their supporting testimony and post-hearing briefs, as well as jointly submitted a compliance filing, we generally refer to them collectively as AT&T/WorldCom. In instances in which either AT&T or
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  • Conditioning activities are, in most cases, able to be accomplished within fifteen (15) business days. Unforeseen conditions may add to this interval, unless such additional time is not permitted pursuant to Applicable Law. C. After the engineering and conditioning tasks have been completed, the standard Loop provisioning and installation process will be initiated, subject to Verizon's standard provisioning intervals. Section 51.807(c)(3) of the Commission's rules allows us to specify a schedule for implementation of the approved interconnection agreement. To provide certainty as to the effective date of this interconnection agreement both for these Parties, as well as other parties that might wish to opt in to this agreement pursuant to section 252(i) of the Act, we require the Parties to submit
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  • the Bureau determines that the Verizon-WorldCom interconnection agreement amendment negotiated subsequent to the arbitration does not fall within the confines of this proceeding and therefore grants the Verizon Motion to Strike. Ordering Clauses Accordingly, IT IS ORDERED that, pursuant to section 252 of the Communications Act of 1934, as amended, and the authority delegated pursuant to sections 0.91, 0.291, and 51.807 of the Commission's rules, 47 U.S.C. � 252 and 47 C.F.R. �� 0.91, 0.291, 51.807, the issues presented for arbitration ARE DETERMINED as set forth in this Memorandum Opinion and Order. IT IS FURTHER ORDERED that, pursuant to section 252(e)(1) of the Communications Act of 1934, 47 U.S.C. � 252(e)(1), and the authority delegated pursuant to sections 0.91, 0.291, and
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  • and 1.46 of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, 1.46, the Motion of MCI, Inc. for Extension of Time to File Amendments to Interconnection Agreement IS DENIED. IT IS FURTHER ORDERED that, pursuant to section 252(e)(1) of the Communications Act of 1934, as amended, 47 U.S.C. � 252(e)(1), and the authority delegated pursuant to sections 0.91, 0.291, and 51.807 of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, 51.807, WorldCom, Inc. and Verizon Virginia, Inc. SHALL FILE an amendment to their interconnection agreement by March 18, 2005, as required by the Order of the Wireline Competition Bureau of March 11, 2005 (DA 05-658). FEDERAL COMMUNICATIONS COMMISSION Jeffrey J. Carlisle Chief Wireline Competition Bureau 47 U.S.C. � 155(c)(1); Procedures for
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  • or access to unbundled network elements under section 252. Legal Basis: 47 U.S.C. 251, 252. Section Number and Title: 51.801 Commission action upon a state commission's failure to act to carry out its responsibility under section 252 of the Act. 51.803 Procedures for Commission notification of a state commission's failure to act. 51.805 The Commission's authority over proceedings and matters. 51.807 Arbitration and mediation of agreements by the Commission pursuant to section 252(e)(5) of the Act. 51.809 Availability of provisions of agreements to other telecommunications carriers under section 252(i) of the Act. PART 52 - NUMBERING SUBPART A -- SCOPE AND AUTHORITY Brief Description: These rules implement the requirements of section 251(e) of the Communications Act of 1934, as amended, which
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  • June 4, 2008) (Intrado Preemption Order). 47 U.S.C. � 252(e)(5). See Intrado Preemption Order, DA 08-1330, at para. 5. See id. at n.15. See id. at para. 5. See Procedures for Arbitrations Conducted Pursuant to Section 252(e)(5) of the Communications Act of 1934, as amended, Order, 16 FCC Rcd 6231 (2001) (Arbitration Procedures Order); see also 47 C.F.R. �� 51.805, 51.807. The Commission delegated to the Chief, Common Carrier Bureau (now the Wireline Competition Bureau), authority to serve as the Arbitrator in section 252(e)(5) arbitration proceedings, with the assistance of the staff of the Wireline Competition and Enforcement Bureaus. As used in this Public Notice, the term ``Arbitrator'' refers to the Bureau and authorized staff of the Wireline Competition and Enforcement
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  • Preemption Order). 47 U.S.C. � 252(e)(5). See Intrado/Verizon Preemption Order, 23 FCC Rcd at 15010, para. 5. See id. at 15010, n.15. See id. at 15010, para. 5. See Procedures for Arbitrations Conducted Pursuant to Section 252(e)(5) of the Communications Act of 1934, as amended, Order, 16 FCC Rcd 6231 (2001) (Arbitration Procedures Order); see also 47 C.F.R. �� 51.805, 51.807. The Commission delegated to the Chief, Common Carrier Bureau (now the Wireline Competition Bureau), authority to serve as the Arbitrator in section 252(e)(5) arbitration proceedings, with the assistance of the staff of the Wireline Competition and Enforcement Bureaus. As used in this Public Notice, the term ``Arbitrator'' refers to the Bureau and authorized staff of the Wireline Competition and Enforcement
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  • interconnection disputes with Verizon that were the subject of the Virginia Commission proceeding. We set forth procedures and a pleading schedule for that arbitration petition in a Public Notice released on December 9, 2008. Accordingly, IT IS ORDERED that, pursuant to section 252 of the Communications Act of 1934, as amended, 47 U.S.C. � 252, and sections 0.91, 0.291, 51.805, 51.807 of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, 51.805, 51.807, the above-captioned proceedings are hereby consolidated. FEDERAL COMMUNICATIONS COMMISSION Dana R. Shaffer Chief, Wireline Competition Bureau See Petition of Intrado Communications of Virginia Inc. Pursuant to Section 252(e)(5) of the Communications Act for Preemption of the Jurisdiction of the Virginia State Corporation Commission Regarding Arbitration of an Interconnection Agreement
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  • specific policy issue that has arisen in the context of the consolidated arbitration proceedings between Intrado Communications of Virginia, Inc. (Intrado), Central Telephone Company of Virginia and United Telephone - Southeast, Inc. (collectively, Embarq), and Verizon South Inc. and Verizon Virginia Inc. (collectively, Verizon). In addition, on our own motion, we waive, for the limited purposes set forth below, section 51.807(g) of the Commission's rules, which would otherwise limit participation in this proceeding to the parties to the interconnection agreements before us. Because this is a restricted proceeding, any comments must be both filed with the Commission and served on the parties as specified below. On June 4, 2008, the Bureau preempted, pursuant to section 252(e)(5) of the Act, the jurisdiction
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  • motion to withdraw and dismiss this proceeding without prejudice. We further terminate the Commission's jurisdiction under section 252(e)(5) of the Act over the Intrado/Verizon arbitration upon release of this Order. Accordingly, IT IS ORDERED that, pursuant to sections 4(j) and 252 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(j), 252, and sections 0.91, 0.291, 51.805, and 51.807 of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, 51.805, and 51.807, Intrado's Motion to Withdraw IS GRANTED, and this proceeding IS DISMISSED without prejudice. WC Docket No. 08-185 is closed. FEDERAL COMMUNICATIONS COMMISSION Sharon E. Gillett Chief Wireline Competition Bureau 47 U.S.C. � 252(e)(5). See Petition of Intrado Communications of Virginia Inc., WC Docket No. 08-185 (filed July 18,
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  • under section 251(c) of the Act for the service at issue in the arbitration. The Commission will no longer have jurisdiction over the Intrado/CenturyLink arbitration upon release of this Order. Accordingly, IT IS ORDERED that, pursuant to sections 4(i) and 252 of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 252, and sections 0.91, 0.291, 51.805, and 51.807 of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, 51.805, and 51.807, the parties' Joint Motion for Approval of Agreement IS GRANTED. IT IS FURTHER ORDERED that, pursuant to sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, the proceeding in WC Docket No. 08-33 IS TERMINATED, and the docket is closed. FEDERAL COMMUNICATIONS COMMISSION Sharon
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Procedures for Arbitrations Conducted Pursuant to Section 252(e)(5) of the Communications Act of 1934, as amended. ) ) ) ) ) ORDER Adopted: January 17, 2001 Released: January 19, 2001 By the Commission: 1. In this Order, we amend on our own motion section 51.807 of our rules, 47 C.F.R. � 51.807, to grant additional discretion to the FCC arbitrator when arbitrating interconnection disputes pursuant to section 252(e)(5) of the Communications Act of 1934, as amended, 47 U.S.C. � 252(e)(5) (``Act''). We also address a number of other generic procedural issues concerning section 252(e)(5) arbitrations conducted by the Commission. I. BACKGROUND 2. Section 252 of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-96-325A1.pdf
  • non-reciprocal arrangements. Subpart I - Procedures for implementation of section 252 of the Act. 51.801 Commission action upon a state commission's failure to act to carry out its responsibility under section 252 of the Act. Federal Communications Commission 96-325 B-9 51.803 Procedures for Commission notification of a state commission's failure to act. 51.805 The Commission's authority over proceedings and matters. 51.807 Arbitration and mediation of agreements by the Commission pursuant to section 252(e)(5) of the Act. 51.809 Availability of provisions of agreements to other telecommunications carriers under section 252(i) of the Act. AUTHORITY: Sections 1-5, 7, 201-05, 218, 225-27, 251-54, 271, 48 Stat. 1070, as amended, 1077; 47 U.S.C. 151-55, 157, 201-05, 218, 225-27, 251-54, 271, unless otherwise noted. Subpart A
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1996/fcc96325.pdf
  • non-reciprocal arrangements. Subpart I - Procedures for implementation of section 252 of the Act. 51.801 Commission action upon a state commission's failure to act to carry out its responsibility under section 252 of the Act. Federal Communications Commission 96-325 B-9 51.803 Procedures for Commission notification of a state commission's failure to act. 51.805 The Commission's authority over proceedings and matters. 51.807 Arbitration and mediation of agreements by the Commission pursuant to section 252(e)(5) of the Act. 51.809 Availability of provisions of agreements to other telecommunications carriers under section 252(i) of the Act. AUTHORITY: Sections 1-5, 7, 201-05, 218, 225-27, 251-54, 271, 48 Stat. 1070, as amended, 1077; 47 U.S.C. 151-55, 157, 201-05, 218, 225-27, 251-54, 271, unless otherwise noted. Subpart A