§ 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.

   return arrow Back to Top