Page:United States Statutes at Large Volume 110 Part 1.djvu/90

 110 STAT. 66 PUBLIC LAW 104-104—FEB. 8, 1996 as an incumbent local exchange carrier for purposes of this section if— "(A) such carrier occupies a position in the market for telephone exchange service within an area that is comparable to the position occupied by a carrier described in paragraph (1);, "(B) such carrier has substantially replaced an incumbent local exchange carrier described in paragraph (1); and "(C) such treatment is consistent with the public interest, convenience, and necessity and the purposes of this section. "(i) SAVINGS PROVISION.—Nothing in this section shall be construed to limit or otherwise affect the Commission's authority under section 201. 47 USC 252. " SEC. 252. PROCEDURES FOR NEGOTIATION, ARBITRATION, AND APPROVAL OF AGREEMENTS. "(a) AGREEMENTS ARRIVED AT THROUGH NEGOTIATION. — "(1) VOLUNTARY NEGOTIATIONS.—Upon receiving a request for interconnection, services, or network elements pursuant to section 251, an incumbent local exchange carrier may negotiate and enter into a binding agreement with the requesting telecommunications carrier or carriers without regard to the standards set forth in subsections (b) and (c) of section 251. The agreement shall include a detailed schedule of itemized charges for interconnection and each service or network element included in the agreement. The agreement, including any interconnection agreement negotiated before the date of enactment of the Telecommunications Act of 1996, shall be submitted to the State commission under subsection (e) of this section. "(2) MEDIATION. —Any party negotiating an agreement under this section may, at any point in the negotiation, ask a State commission to participate in the negotiation and to mediate any differences arising in the course of the negotiation. "(b) AGREEMENTS ARRIVED AT THROUGH COMPULSORY ARBITRA- TION.— "(1) ARBITRATION.— During the period from the 135th to the 160th day (inclusive) after the date on which an incumbent local exchange carrier receives a request for negotiation under this section, the carrier or any other party to the negotiation may petition a State commission to arbitrate any open issues. "(2) DUTY OF PETITIONER.— "(A) A party that petitions a State commission under paragraph (1) shall, at the same time as it submits the petition, provide the State commission all relevant documentation concerning— "(i) the unresolved issues; "(ii) the position of each of the parties with respect to those issues; and "(iii) any other issue discussed and resolved by the parties. "(B) A party petitioning a State commission under paragraph (1) shall provide a copy of the petition and any documentation to the other party or parties not later than the day on which the State commission receives the petition.

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