---
kind: "section"
citation: "47 C.F.R. § 51.301"
title: "47"
number: "51.301"
heading: "Duty to negotiate."
url: "https://uscodex.org/cfr/47/51.301"
---

# §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)](/cfr/47/251.md?p=b) and [(c)](/cfr/47/251.md?p=c) of the Act.
- (b) A requesting telecommunications carrier shall negotiate in good faith the terms and conditions of agreements described in [paragraph (a)](#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.

## Notes

### Amendments

[61 FR 45619, Aug. 29, 1996, as amended at 68 FR 52294, Sept. 2, 2003]

### Authority

Authority: 47 U.S.C. 151-55, 201-05, 207-09, 218, 225-27, 251-52, 271, 332 unless otherwise noted.

### Source

Source: 61 FR 45619, Aug. 29, 1996, unless otherwise noted.

### Amendments

[61 FR 45619, Aug. 29, 1996, as amended at 68 FR 52294, Sept. 2, 2003]