§ 51.801   Commission action upon a state commission's failure to act to carry
out its responsibility under section 252 of the Act.

   (a) If a state commission fails to act to carry out its responsibility
   under section 252 of the Act in any proceeding or other matter under
   section 252 of the Act, the Commission shall issue an order preempting
   the state commission's jurisdiction of that proceeding or matter within
   90 days after being notified (or taking notice) of such failure, and
   shall assume the responsibility of the state commission under section
   252 of the Act with respect to the proceeding or matter and shall act
   for the state commission.

   (b) For purposes of this part, a state commission fails to act if the
   state commission fails to respond, within a reasonable time, to a
   request for mediation, as provided for in section 252(a)(2) of the Act,
   or for a request for arbitration, as provided for in section 252(b) of
   the Act, or fails to complete an arbitration within the time limits
   established in section 252(b)(4)(C) of the Act.

   (c) A state shall not be deemed to have failed to act for purposes of
   section 252(e)(5) of the Act if an agreement is deemed approved under
   section 252(e)(4) of the Act.

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