Page:United States Statutes at Large Volume 110 Part 1.djvu/91

 PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 67 "(3) OPPORTUNITY TO RESPOND. —A non-petitioning party to a negotiation under this section may respond to the other party's petition and provide such additional information as it wishes within 25 days after the State commission receives the petition. " (4) ACTION BY STATE COMMISSION.— "(A) The State commission shall limit its consideration of any petition under paragraph (1) (and any response thereto) to the issues set forth in the petition and in the response, if any, filed under paragraph (3). "(B) The State commission may require the petitioning party and the responding party to provide such information as may be necessary for the State commission to reach a decision on the unresolved issues. If any party refuses or fails unreasonably to respond on a timely basis to any reasonable request from the State commission, then the State commission may proceed on the basis of the best information available to it from whatever source derived. "(C) The State commission shall resolve each issue set forth in the petition and the response, if any, by imposing appropriate conditions as required to implement subsection (c) upon the parties to the agreement, and shall conclude the resolution of any unresolved issues not later than 9 months after the date on which the local exchange carrier received the request under this section. "(5) REFUSAL TO NEGOTIATE.—The refusal of any other party to the negotiation to participate further in the negotiations, to cooperate with the State commission in carrying out its function as an arbitrator, or to continue to negotiate in good faith in the presence, or with the assistance, of the State commission shall be considered a failure to negotiate in good faith. "(c) STANDARDS FOR ARBITRATION.— In resolving by arbitration under subsection (b) any open issues and imposing conditions upon the parties to the agreement, a State commission shall— "(1) ensure that such resolution and conditions meet the requirements of section 251, including the regulations prescribed by the Commission pursuant to section 251; "(2) establish any rates for interconnection, services, or network elements according to subsection (d); and "(3) provide a schedule for implementation of the terms and conditions by the parties to the agreement. " (d) PRICING STANDARDS.— " (1) INTERCONNECTION AND NETWORK ELEMENT CHARGES.— Determinations by a State commission of the just and reasonable rate for the interconnection of facilities and equipment for purposes of subsection (c)(2) of section 251, and the just and reasonable rate for network elements for purposes of subsection (c)(3) of such section— "(A) shall be— "(i) based on the cost (determined without ref- erence to a rate-of-return or other rate-based proceeding) of providing the interconnection or network element (whichever is applicable), and "(ii) nondiscriminatory, and "(B) may include a reasonable profit.

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