Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 16 - MEDIATION AND ARBITRATION UNDER THE 1996 TELECOMMUNICATIONS ACT › Section 860-016-0050 - Petitions for Enforcement of Interconnection Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule specifies the procedure for a
			 telecommunications provider, as defined in OAR 860-032-0001, to file a
			 complaint for the enforcement of an interconnection agreement executed pursuant
			 to the Telecommunications Act of 1996 (the Act). This includes interconnection
			 agreements, resale agreements, agreements for the purchase or lease of
			 unbundled network elements (UNEs), or statements of generally available terms
			 and conditions (SGATs), whether those agreements were entered into through
			 negotiation, mediation, arbitration, or adoption of a prior agreement or
			 portions of prior agreements. Section (13) of this rule specifies procedures
			 for complaints alleging that telecommunications utilities have engaged in
			 prohibited acts under ORS
			 759.455.
(2) At least 10 days prior to filing a
			 complaint for enforcement, complainant must give written notice to defendant
			 and the Commission that complainant intends to file a complaint for
			 enforcement. The notice must identify the provisions in the agreement that
			 complainant alleges were or are being violated and the specific acts or failure
			 to act that caused or are causing the violation, and whether complainant
			 anticipates requesting temporary or injunctive relief. On the same day the
			 notice is filed with the Commission, complainant must serve a copy of the
			 notice on defendant's authorized representative, attorney of record, or
			 designated agent for service of process. Complainant must also serve the notice
			 on all persons designated in the interconnection agreement to receive notices;
(3) A complaint for enforcement of
			 an interconnection agreement must:
(a)
			 Contain a statement of specific facts demonstrating that the complainant
			 conferred with defendant in good faith to resolve the dispute, and that despite
			 those efforts the parties failed to resolve the dispute;
(b) Include a copy of the written notice,
			 required by section (2), indicating that the complainant intends to file a
			 complaint for enforcement;
(c)
			 Include a copy of the interconnection agreement or the portion of the
			 interconnection agreement that the complainant contends was or is being
			 violated. If a copy of the entire interconnection agreement is provided,
			 complainant must specify provisions at issue. If the interconnection agreement
			 adopted a prior agreement or portions of prior agreements, the complaint must
			 also indicate the provisions adopted in those agreements;
(d) Contain a statement of the facts or law
			 demonstrating defendant's failure to comply with the agreement and
			 complainant's entitlement to relief. The statement must indicate that the
			 remedy sought is consistent with the dispute resolution provisions in the
			 agreement, if any. Statements of facts must be supported by written testimony
			 with affidavits, made by persons competent to testify and having personal
			 knowledge of the relevant facts. Statements of law must be supported by
			 appropriate citations. If exhibits are attached to the affidavits, the
			 affidavits must contain the foundation for the exhibits;
(e) Designate up to three persons to receive
			 copies of other pleadings and documents;
(f) Include any motions for affirmative
			 relief, filed as a separate document and clearly marked. Nothing in this
			 subsection precludes complainant from filing a motion subsequent to the filing
			 of the complaint if the motion is based upon facts or circumstances unknown or
			 unavailable to complainant at the time the complaint was filed; and
(g) Include an executive summary, filed as a
			 separate document not to exceed 8 pages, outlining the issues and relief
			 requested.