BASIS, PURPOSE, AND STATUTORY AUTHORITY These rules are issued under the authority of § § 40-2-108 and 40-15-404 C.R.S., and are consistent with § 40-15-503 C.R.S., 47 U.S.C. 251 and 47 U.S.C. 252 (a) (2). The rules establish the process to be used and the information required by the Commission when an entity negotiating an agreement for interconnection, services or network elements requests the Commission to participate in the negotiation and to mediate any differences arising in the course of the negotiation. RULE 4 CCR 723-45-1. APPLICABILITY.

These rules apply to any negotiation of an agreement for interconnection, services, or network elements relating to telecommunications services in the State of Colorado in which one Party to the Negotiations has requested Commission participation in and mediation of the negotiations. RULE 4 CCR 723-45-2. DEFINITIONS.

The meaning of terms used in these rules shall be consistent with their general usage in the telecommunications industry unless specifically defined by Colorado statute or this rule. In addition to the definitions in this section, the statutory definitions apply. In the event the general usage of terms in the telecommunications industry or the definitions in this rule conflict with the statutory definitions, the statutory definitions control. As used in these rules, unless the context indicates otherwise, the following definitions apply:

723-45-2.1 Commission. The Public Utilities Commission of the State of Colorado. 723-45-2.2 Negotiated Interconnection Agreement; or Agreement. An agreement for interconnection, services, or network elements being negotiated between or among Parties for the purpose of transmission of information by electronic, optical or any other means between separate points by prearranged means.

723-45-2.3 Party(ies) to the Negotiation; or Party (ies) . A Telecommunications Carrier negotiating for an Agreement with another Telecommunications Carrier pursuant to 47 U.S.C. § 252(a). 723-45-2.4 Negotiation/Mediation Request; or Request. A filing made by a Telecommunications Carrier with the Commission asking the Commission to participate in the negotiation of an interconnection agreement and to mediate any differences.

723-45-2.5 Telecommunications Carrier or Local Exchange Carrier (LEC). Any person that is engaged in or seeks to engage in the provision of telephone exchange service or exchange access. Such term does not include a person insofar as such person is engaged in the provision of a commercial mobile service under 47 U.S.C. 332 (c) except to the extent that the Federal Communications Commission finds that such service should be included in the definition of such term. 723-45-2.6 Telecommunications Mediator. The person(s) assigned by the Commission to participate in the negotiation and to mediate any differences arising in the course of the negotiation. RULE 4 CCR 723-45-3. REQUEST PROCESS.

723-45-3.1 Pursuant to 47 U.S.C. 252(a) (2), any Party to the negotiation may, at any point in the negotiation, ask the Commission to participate in the negotiation and to mediate any differences arising in the course of the negotiation.

723-45-3.2To make a Negotiation/Mediation Request, a Party shall file a letter with the Director of the Colorado Public Utilities Commission (COPUC) at 1580 Logan Street, Denver, Colorado 80203. 723-45-3.3 Information To Be Included in Request.

723-45-3.3.1 The Negotiation/Mediation Request shall contain, in the following order and specifically identify, the following information, either in the Request or in appropriately identified, attached exhibits:

723-45-3.3.1.1 The name, address, and telephone number of the party to the negotiation making the request;

723-45-3.3.1.2 The name, address, and telephone number(s) of the other parties to the negotiation;

723-45-3.3.1.3 The name and address of the party(ies) representative, if any, who is participating in the negotiations and to whom all inquiries should be made; 723-45-3.3.1.4 The negotiation history, established meeting times and location; and 723-45-3.3.1.5 The issues on which the requestor is seeking Commission negotiation participation and possible mediation;

RULE 4 CCR 723-45-4. NEGOTIATION/MEDIATION PROCESS.

723-45-4.1 Pursuant to 47 U.S.C. 252 (a) (2), the Commission shall participate in the interconnection agreement negotiations and mediate any differences arising in the course of the negotiation. 723-45-4.1.1 Upon receipt of a Request for Commission negotiation/mediation, the Commission shall assign a tracking number to the matter.

723-45-4.1.2Response to Request. The Commission will respond to the Request within ten (10) business days after receipt. The response shall identify the assigned Telecommunication Mediator.

723-45-4.2 The Telecommunications Mediator shall promptly schedule negotiations/mediation sessions. These sessions shall continue until: a) all outstanding issues are settled; b) a Party makes a written declaration that the mediation proceedings are terminated; or, c) the Telecommunications Mediator makes a written declaration that further efforts at mediation are no longer worthwhile. RULE 4 CCR 723-45-5. CONFIDENTIALITY OF INFORMATION DURING NEGOTIATION PROCESS. The Telecommunications Mediator shall not voluntarily disclose nor through discovery be required to disclose any oral or written communication prepared or expressed for the purposes of, in the course of, or pursuant to, any mediation or negotiation hereunder.