Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 36 - Alternative Dispute Resolution Procedural Rules Governing Filings Made Pursuant to the Telecommunications Act of 1996 › Section 20 CSR 4240-36.050 - Commission Approval of Agreements Reached by Arbitration

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides the procedure for
				  commission approval of agreements reached by arbitration.
(1) Filing of Conformed Agreement-Unless the
				commission orders otherwise, within seven (7) days of the filing of a
				commission order approving, rejecting or modifying the arbitrator's final
				report, the parties shall file with the commission the entire agreement that
				was the subject of the negotiation. The agreement shall conform in all respects
				to the commission's order. Concurrently with the filing of the conformed
				agreement, the parties shall each file statements that indicate whether the
				agreement complies with the requirements of sections 251 and 252 of the Act,
				Missouri statutes, and the commission's rules.
(2) Within ten (10) days of the filing of the
				agreement, anyone may file comments concerning the agreement; however, such
				comments shall be limited to the standards for review referenced in section
				4 CSR
				240-36.050(4) of this chapter. The
				commission, upon its own motion, may hold additional informal hearings and may
				hear oral argument from the parties to the arbitration.
(3) Commission Review of Arbitrated
				Agree-ment-Within thirty (30) days following the filing of the arbitrated
				agreement, the commission shall issue a decision approving or rejecting the
				arbitrated agreement (including those parts arrived at through negotiations)
				pursuant to subsection 252(e) of the Act and all its subparts. In the event the
				commission fails to act on the arbitrated agreement within thirty (30) days of
				when the agreement is filed, the agreement shall be deemed approved.
(4) Standards for Review-Pursuant to
				subsection 252(e)(2)(B) of the Act, the commission may reject arbitrated
				agreements or portions thereof that do not meet the requirements of section 251
				of the Act, the Federal Communications Commission's (FCC's) regulations
				prescribed under section 251 of the Act, or the pricing standards set forth in
				subsection 252(d) of the Act. Pursuant to subsection 252(e)(3) of the Act, the
				commission may also reject agreements or portions thereof that violate other
				requirements of the commission, including, but not limited to, quality of
				service standards.
(5) Written
				Findings-The commission's decision approving or rejecting an arbitration
				agreement shall contain written findings. In the event of rejection, the
				commission shall address the deficiencies of the arbitrated agreement in
				writing and may state what modifications of such agreement would make the
				agreement acceptable.
(6) Review of
				Commission Decision-Any party aggrieved by a commission decision made under
				this rule may seek relief in an appropriate federal district court pursuant to
				section 252(e)(6) of the Act.
(7)
				Copies of Agreements Reached by Arbitration-Paper copies of arbitrated
				agreements that have been approved by the commission may be obtained from the
				commission by request. The commission may charge a reasonable amount for
				photocopying an agreement, as permitted by applicable law.
*Original authority: 386.410, RSMo 1939, amended
					 1947, 1977, 1996.