Rhode Island Code of Regulations › Title 810 - Public Utilities Commission › Chapter 20 - Telecommunications › Subchapter 00 - N/A › Part 1 - Regulations Governing Arbitration, Mediation, Review and Approval of Interconnection Agreement (810-RICR-20-00-1) › Section 810-RICR-20-00-1.6 - ARBITRATION

Current through June 14, 2024
A. Any party may request arbitration at any
				 time during the period from the 135th to the
				 160th days, inclusive, after the date on which the
				 ILEC receives a request for negotiation. The following procedure shall be
				 followed when a party petitions the Commission to arbitrate any unresolved issues
				 under
				  47 U.S.C. §
											252(b):
1. Arbitration may be performed by the
				 Commission acting en banc; by delegating the task to a commissioner or a member
				 of the staff; or by delegating the task to an outside arbitrator acceptable to
				 both parties and the Commission. The Commission shall decide the form that
				 arbitration will take, considering the desires of the parties and the nature of
				 the disagreement.
2. The request for
				 arbitration shall be in writing, stating the issue or issues to be arbitrated,
				 with a synopsis of the position(s) of each party, and providing all relevant
				 documentation on each issue. The request shall also state the other items in the
				 negotiation, those upon which agreement has been reached, in full detail, with
				 all relevant documentation. The request shall be served on other parties to the
				 negotiation in accordance with the "Public Utilities Commission Rules of Practice
				 and Procedure" no later than the day it is delivered to the Commission. The other
				 parties shall have twenty-five calendar days to file a response with the
				 Commission.
3. In performing an
				 arbitration, the arbitrator shall be limited to resolving only those issues upon
				 which arbitration has been requested.
4. Arbitrations will normally be conducted in
				 private, though the parties may, with the concurrence of the arbitrator, invite
				 observers.
5. The arbitrator may act
				 formally or informally, without regard to procedural provisions elsewhere in our
				 rules. With the consent of both parties, but not otherwise, the arbitrator may
				 accept ex parte presentations from the parties, subject to the requirement that
				 the existence and subject matter of the ex parte communication be made known to
				 the opposing parties. The arbitrator may use any methods of dispute resolution
				 that he or she finds appropriate to the circumstances.
6. Disputes over whether an issue is properly
				 subject to the arbitration process shall be decided by the arbitrator before
				 hearing evidence on the merits of the dispute. The arbitrator should presume
				 arbitrability unless a clear and convincing case is made to the contrary by the
				 non-petitioning party challenging procedural arbitrability. A non-petitioning
				 party will be deemed to have waived the right to challenge procedural
				 arbitrability if it fails to do so when responding to the petition pursuant to
				  47 U.S.C. §
												252(b)(3).
7. All parties shall respond to requests for
				 information in a timely manner, as determined by the arbitrator, who need not be
				 bound by our rules of procedure, delivering the information requested in the form
				 requested. If a party fails to provide the requested information in a timely
				 manner, the arbitrator and the Commission may use the best information they can
				 obtain from any source, without regard to rules of evidence. The arbitrator may
				 also refer the matter to the Commission for consideration as a failure to
				 negotiate in good faith.
8. The
				 arbitrator shall make all findings and selected solutions in writing, in the form
				 of a recommendation to the Commission. Notice of the arbitrator's recommended
				 decision shall be served by the Clerk on the list of interested parties
				 maintained by the Clerk.
9. The
				 arbitrator's recommended order will be presented to the Commission so that review
				 and approval can be completed no later than nine months from the date on which
				 the LEC received the request for interconnection. Unless an extension of time is
				 granted by the Commission, the recommended order shall be filed not later than
				 eight months from the date on which the LEC received the request for
				 interconnection.
10. Within fourteen
				 days of the filing of the arbitrator's recommended decision, any interested party
				 may submit comments to the Commission regarding the agreement or decision. The
				 comments shall be limited to the criteria under
				  47 U.S.C. §
												252(c). Any
				 interested party filing comments shall, on or before the date of filing of such
				 comments, serve a copy on the parties to the arbitration.
11. Within twenty-one days of the filing of the
				 arbitrator's recommended decision, the parties to the arbitrated agreement may
				 file a response to any comments filed. Such a response shall be served on or
				 before the filing date in accordance with the "Public Utilities Commission Rules
				 of Practice and Procedure".