Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 419 - PROCEDURAL RULES FOR IMPLEMENTING sections 251 AND 252 OF THE TELECOMMUNICATIONS ACT OF 1996, 47 USC sections 251 AND 252 › Section 20VAC5-419-30 - Agreements arrived at through compulsory arbitration

Current through Register Vol. 40, No. 24, July 15, 2024
The following procedure shall be followed when a party to a
				  negotiation petitions the commission to arbitrate unresolved issues under 47
				  USC § 252(b):
1. Any party to a
				negotiation may petition ("petitioning party") the commission to arbitrate any
				unresolved issue in accordance with the deadlines set out in 47 USC §
				252(b)(1). An original and five copies of an arbitration request shall be filed
				as a petition, including all supporting documentation, and must conform with 47
				USC § 252(b)(2). The petition shall be accompanied by a cover letter clearly
				and conspicuously identifying the filing as a petition for compulsory
				arbitration under 47 USC § 252(b). Along with its petition, the petitioning
				party shall file any request for hearing along with any prefiled direct
				testimony and all materials it will rely on to support its case at the hearing,
				including all evidence it intends to present. The petitioning party shall
				serve, on or before the date of filing, a copy of the petition on all other
				parties to the negotiation. If any person requests a copy of the petition, the
				petitioning party shall promptly serve a copy of the petition on the person
				making the request for same.
2.
				Within 25 days after the petition is filed, the nonpetitioning party or parties
				to the negotiation ("responding party") may file an original and five copies of
				any response and any additional information as provided under 47 USC §
				252(b)(3). In addition, the responding party shall file an original and five
				copies of any responsive testimony, if necessary, and all materials it will
				rely on to support its case at the hearing, including all evidence it intends
				to present. The responding party may request a hearing and shall file an
				original and five copies of its direct testimony and all materials it will rely
				on to support its case at the hearing, including all evidence it intends to
				present. Any response shall include all supporting documentation and shall be
				served on the petitioning party and commission staff on or before the date the
				response is filed with the commission. If a person specifically requests a copy
				of the response, the responding party shall promptly serve a copy of the
				response on the person making the request for same. If no timely request for
				hearing is received, the commission may arbitrate the unresolved issues and
				review the resolved issues without a hearing.
3. Participation by individuals and entities
				other than the negotiating parties shall be by leave of the
				commission.
4. If the commission
				accepts arbitration of the dispute, the parties shall file six copies of an
				agreement adopting the results of such arbitration within 28 days of the
				conclusion of the arbitration. The deadline for filing such agreement may be
				extended by order of the commission for good cause shown.
5. Within 10 days after the agreement is
				filed, any person may file an original and five copies of comments or request
				for hearing on the agreement. Such comments shall be limited to the grounds for
				rejection as listed in 47 USC § 252(e)(2) and shall include all supporting
				documentation. On or before the date of filing, comments or requests for
				hearing shall be served on the parties to the agreement.
6. Within 15 days after the agreement is
				filed, any party to the agreement may file an original and five copies of any
				reply comments in direct response to comments filed under subdivision 5 of this
				section. Such reply shall include all supporting documentation.
7. Notification of modifications or
				amendments to any agreement made pursuant to this section shall be filed and
				subject to comment or request for hearing in the same manner governing
				agreements as set forth above. Notifications or modifications or amendments
				shall refer to the case number assigned in the original case and shall be
				accompanied by a cover letter that identifies the filing as a "notification of
				Modification of Interconnection Agreement" or "Amendment of Interconnection
				Agreement."
8. The parties to any
				agreement subject to this section shall file an original and two copies of (i)
				any amendment or revision to the agreement, (ii) any superseding replacement
				agreement, or (iii) notification of termination of the agreement within 28 days
				after the effective date of such amendment, replacement, or termination of an
				agreement.
Statutory Authority
§ 12.1-13 of the Code of Virginia.