Alabama Administrative Code › Title 770 - ALABAMA PUBLIC SERVICE COMMISSION › Chapter 770-X-5 - TELEPHONE RULES › Section 770-X-5-.26 - Requests For Arbitration

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
					General Provisions Governing Petitions For Arbitration
(a) Any party to interconnection negotiations
					conducted pursuant to Section 252 of the Telecommunications Act of 1996 may
					petition the Commission to arbitrate any unresolved issues in their
					negotiations during the period from the 135th to the 160th day (inclusive)
					after the date on which an incumbent LEC receives a request for
					negotiation.
(b) Petitions for
					arbitration shall be verified or submitted by affidavit and shall include at a
					minimum the following information:
1. The
					date on which the original request for negotiations was received.
2. A brief statement addressing with
					specificity, the disputed issues and setting out the position of the parties on
					such issues. Further, the statement must allege how the positions of other
					parties to the negotiations meet, or fail to meet the requirements of Section
					251 of the Telecommunications Act of 1996, or any Federal Communications
					Commission or Alabama Public Service Commission rule, regulation or
					guideline.
3. A brief statement of
					the issues which have been resolved by the parties and a description of the
					resolution of same.
4. Where prices
					are in dispute, the petitioning party shall submit its proposed rates or
					charges and all relevant cost studies, and related supporting
					materials.
5. Any conditions which
					the petitioning party requests be imposed.
6. A proposed schedule for implementation of
					the terms and conditions by the parties to the negotiations.
7. Any requests for discovery of information
					from other parties along with an explanation of why the discovery of the
					information requested is necessary.
8. All prefiled testimony and any other
					documentation relevant to the dispute including copies of all documents in
					their possession or control on which they rely in support of their positions,
					or which they intend to introduce as exhibits at the arbitration
					hearing.
9. At the petitioning
					parties option, a proposed interconnection agreement may be
					submitted.
10. The petitioning
					party may request the consolidation of its arbitration with another arbitration
					proceeding pending at the Commission provided grounds supporting the request
					are submitted therewith.
(c) An original and ten (10) copies of the
					petition for arbitration and all other required information must be filed with
					the Secretary of the Commission. The petition and all required documentation
					shall, on the same day it is served on the Commission, be served on all parties
					to the negotiations for which arbitration has been requested. Such service on
					interested parties shall be demonstrated by a proper certificate of service.
					Petitions for arbitration which do not substantially comply with the
					aforementioned requirements may, in the discretion of the Commission, be
					rejected.