Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 21 - INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter D - DISPUTE RESOLUTION › Section 21.95 - Compulsory Arbitration

Current through Reg. 49, No. 28; July 12, 2024
(a) Request for
				  arbitration.
(1) Any party to negotiations
				  concerning a request for interconnection, services or network elements pursuant
				  to the Federal Telecommunications Act of 1996 (FTA) §251 may request
				  arbitration by the commission by filing with the commission's filing clerk a
				  petition for arbitration. The petitioner shall send a copy of the petition and
				  any documentation to the negotiating party with whom agreement cannot be
				  reached not later than the day on which the commission receives the
				  petition.
(2) The petition must be
				  received by the commission during the period from the 135th to the 160th day
				  (inclusive) after the date the negotiating party received the request for
				  negotiation. The commission shall perform a sufficiency review of the petition.
				  To the extent that a petition is determined to be insufficient, the commission
				  shall file a notice of insufficiency within five working days of receipt of the
				  petition. In the absence of a notice of insufficiency, the petition shall be
				  presumed sufficient.
(3) Where a
				  petition for arbitration is found insufficient, the presiding officer may
				  consider dismissal without prejudice pursuant to §
											RSA
				  21.67 of this title (relating to Dismissal of
				  a Proceeding) and order the petitioner to refile.
(4) A petition that is procedurally
				  sufficient must be on file with the commission by the 160th day after the date
				  on which petitioner requested negotiation.
(5) In addition to the requirements of form
				  specified in §
											RSA
				  21.33 of this title (relating to Formal
				  Requisites of Pleadings and Documents to be Filed with the Commission) the
				  petition for arbitration shall include:
(A)
				  the name, address, telephone number, facsimile number, and email address of
				  each party to the negotiations and the party's designated
				  representative;
(B) a description
				  of the parties' efforts to resolve their differences by negotiation, including
				  but not limited to the dates of the request for negotiation and the projected
				  timeline for compliance under FTA deadlines;
(C) a Decision Point List (DPL) that includes
				  a list of any unresolved issues and the position of each of the parties on each
				  of those issues;
(D) proposed
				  contract language for each unresolved issue;
(E) all agreed contract language;
(F) if the request concerns a request for
				  interconnection under §
												RSA
				  26.272 of this title (relating to
				  Interconnection), the material required by §
												RSA
				  26.272<subdiv>(g)</subdiv> of
				  this title;
(G) the most current
				  version of the interconnection agreement being negotiated by the parties, if
				  any, containing both the agreed language and the disputed language of both
				  parties; and
(H) a certificate of
				  service.