Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter E - POST-INTERCONNECTION AGREEMENT DISPUTE RESOLUTION › Section 21.127 - Request for Expedited Ruling

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This section establishes procedures pursuant to which a party who
				  files a complaint to initiate a dispute resolution under this subchapter may
				  request 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 presiding
				  officer 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. Except as specifically provided in this section, the provisions and
				  procedures of §
										RSA
				  21.125 of this title (relating to Formal
				  Dispute Resolution Proceeding) apply.
(b) Filing a request. Any request for
				  expedited ruling shall be filed at the same time and in the same document as
				  the complaint filed pursuant to §
										RSA
				  21.125 of this title. The complaint shall be
				  entitled "Complaint and Request for Expedited Ruling." In addition to the
				  requirements listed in §
										RSA
				  21.125<subdiv>(a)</subdiv> of
				  this title, the complaint shall also state the specific circumstances that make
				  the dispute eligible for an expedited ruling.
(c) Response to complaint. The respondent
				  shall file a response to the complaint within five working days after the
				  filing of the complaint. In addition to the requirements listed in §
										RSA
				  21.125<subdiv>(b)</subdiv> of
				  this title, the respondent shall state its position on the request for an
				  expedited ruling. The respondent shall serve a copy of the response on the
				  complainant by hand-delivery or facsimile on the same day as it is filed with
				  the commission.
(d) Hearing. After
				  reviewing the complaint and the response, the presiding officer will determine
				  whether the complaint warrants an expedited ruling. If so, the presiding
				  officer shall make arrangements for the hearing, which shall, to the extent
				  practicable, commence no later than 20 days after the filing of the complaint.
				  The presiding officer shall notify the parties, not less than three working
				  days before the hearing of the date, time, and location of the hearing. If the
				  presiding officer determines that the complaint is not eligible for an
				  expedited ruling, the presiding officer shall so notify the parties within five
				  days of the filing of the response.
(e) Decision Point List (DPL) and witness
				  list. Parties shall file a jointly populated DPL and witness list, in a format
				  approved by the presiding officer, no later than five days before the
				  commencement of the hearing. The presiding officer shall require the parties to
				  file their DPL under the same deadline. The DPL shall identify all issues to be
				  addressed, the witness, if any, who will be addressing each issue, and a short
				  synopsis of each witness's position on each issue. If the schedule accommodates
				  the filing of prefiled testimony, parties' DPL shall include specific citation
				  to the parties' testimony relevant to that issue. Except as provided in §
										RSA
				  21.77 of this title (relating to Confidential
				  Material), all materials filed with the commission or provided to the presiding
				  officer shall be considered public information under the Texas Public
				  Information Act, Texas Government Code, §
										RSA
				  552.001,
et seq.
(f) Decision. The presiding officer shall
				  issue a written decision on the petition within 15 days after the close of the
				  hearing. On the day of the issuance, the presiding officer shall notify the
				  parties by facsimile that the decision has been issued. If the decision
				  involves 9-1-1 issues, the presiding officer shall also notify the Commission
				  on State Emergency Communications (CSEC) by facsimile on the same
				  day.
(g) Motions for
				  reconsideration. Motions for reconsideration shall be governed by §
										RSA
				  21.75 of this title (relating to Motions for
				  Clarification and Motions for Reconsideration).