Cybertelecom
Cybertelecom
Federal Internet Law & Policy
An Educational Project
Interconnection Negotiation Lifecycle Dont be a FOOL; The Law is Not DIY
- CLEC
- ILEC
- Universal Service, History
- Broadband
- Telecom Act
- Title II


The following is a bird's eye view of telephony Interconnection negotiations under the Telecommunications Act of 1996. The procedure for negotiating, arbitrating, appealing or enforcing an agreement can appear perplexing. And what follows is simply one person's reading of the Act. Varying opinions exist. Note:  The discussion below was created in the Fall of 1996 and may not be up to date.

Carriers may pick and choose the elements of previous agreements which they like and desire as a part of their new agreements; they are not required to pick as between agreements as a whole.  In order to achieve this, agreements must be public records and kept on file at the state telecommunications commissions.  First Order, ¶ 1317 & 1322.

Notes:  First Order, ¶ 1310 ("section 252(I) provides that a 'local exchange carrier shall make available any interconnection, service, or network element provided under an agreement . . . to which it is a party to any other requesting telecommunications carrier upon the same terms and conditions as those provided in the agreement.'  Thus, Congress drew a distinction between 'any interconnection, service, or network element[s] provided under an agreement,' which the statute lists individually, and agreements in their totality.  Requiring requesting carriers to elect entire agreements, instead of provisions relating to specific elements, would render as mere surplusage the words 'any interconnection, service, or network element.'")  First Order, ¶ 1296 ("A local exchange carrier shall make available any interconnection, service, or network element provided under an agreement approved under this section to which it is a party to any other requesting telecommunications carrier upon the same terms and conditions as those provided in the agreement.").  See also First Order, ¶ 1314.
 

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