Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 22 - Resolution Disputes › Section 165:55-22-7 - Formal expedited dispute resolution

Current through Vol. 41, No. 20, July 1, 2024
(a)
Need for expedited
				resolution.
This procedure is a formal proceeding for dispute resolution
				with an expedited ruling when the dispute directly affects the ability of a
				party to provide uninterrupted service to its customers or precludes the
				provisioning of any service, functionality or network element. The arbitrator
				has the discretion to determine whether the resolution of the complaint may be
				expedited based on the complexity of the issues or other factors deemed
				relevant. The provisions and procedures relating to OAC
				165:55-22-5
				apply, except as otherwise specifically set forth in this Section.
(b)
Response to complaint.
The
				respondent shall file a response to the complaint within five (5) business days
				after the filing of a complaint and shall serve a copy of the response on the
				complainant, the Office of the Attorney General, the Office of General Counsel,
				and to the Director of the Public Utility Division. The response shall
				specifically affirm or deny each allegation in the complaint.
(c)
Process.
Any request for
				expedited ruling shall be filed at the same time and in the same document as
				the complaint filed pursuant OAC
				165:55-22-5.
				The complaint shall be entitled "Complaint and Request for Expedited Ruling."
				In addition to the requirements listed in section OAC
				165:55-22-5,
				the complaint shall also state specific circumstances that make the dispute
				eligible for an expedited ruling.
(d)
Notice and hearing.
After
				reviewing the complaint and the response, the arbitrator will determine whether
				the complaint warrants an expedited ruling. If so, the arbitrator shall
				schedule a prehearing conference with the parties to the arbitration. The
				arbitrator shall make arrangements for the hearing to address the complaint,
				which shall commence no later than seventeen (17) days after filing of the
				complaint. The arbitrator shall notify the parties of the date, time, and
				location of the hearing not less than three (3) days before the hearing. The
				hearing shall be transcribed by a court reporter designated by the arbitrator.
				If the arbitrator determines that the complaint is not eligible for an
				expedited ruling, the arbitrator shall so notify the parties within five (5)
				days of the filing of the response.
(e)
Recommendation.
Timeliness
				and appeals to the arbitrator's recommendation shall be governed by the
				following guidelines:
(1) The oral
				recommendation of the arbitrator shall be filed with the Commission within
				three (3) days after the close of the hearing and shall be faxed to all parties
				of record in the dispute resolution proceeding. The recommendation of the
				arbitrator shall be based upon the record of the dispute resolution hearing,
				and shall include a specific ruling on each of the disputed issues presented
				for resolution by the parties.
(2)
				Within three (3) days from the date of issuance of the arbitrator's
				recommendation, any party may appeal the arbitrator's recommendation to the
				Commission
en banc
by the filing of a written appeal. The
				appellant shall serve, concurrent with filing, copies of the appeal and notice
				of hearing for the appeal to all parties of record and the arbitrator. The
				appeal shall be heard by the Commission
en banc
within five
				(5) days of the filing of such an appeal.
(3) With respect to the recommendation by the
				arbitrator, the Commission
en banc
may affirm, reverse, or
				modify the findings of fact or conclusions of law of the arbitrator based on
				the record, hold additional hearings, or may remand the cause to the arbitrator
				for further hearing. The Commission shall enter its order on the complaint no
				later than one hundred (100) days after the filing of the complaint, unless
				otherwise agreed to by the parties.