4 CCR 723-46
BASIS, PURPOSE, AND STATUTORY AUTHORITY.
These rules are issued under the general authority of §§ 40-2-108 and 40-3-102 C.R.S., and are consistent with 47 U.S.C. § 252 (b) and § 40-15-503 C.R.S. They establish the process to be used and the information required by the Commission when a party negotiating an agreement for interconnection, services, or network elements files a petition requesting the Commission to arbitrate any open issues arising in the course of the negotiation under 47 U.S.C. § 252. These rules are intended to comply with those requirements set forth in 47 U.S.C. § 252 (e) (l) and with the procedures established in 4 CCR 723- 44.
RULE (4 CCR) 723-46-1. APPLICABILITY.
Pursuant to 47 U.S.C. 252 (b), these rules apply to any petition filed by any party to the negotiation of an agreement for interconnection, services, or network elements under 47 U.S.C. § 251 and 47 U.S.C. § 252, requesting the Commission to arbitrate any open issues in the negotiations. These rules apply only to petitions filed during the period from the 135th to the 160th day (inclusive) after the date on which an incumbent local exchange carrier receives a request for negotiation under 47 U.S.C. § 251 and 47 U.S.C. § 252.
RULE (4 CCR) 723-46-2. DEFINITIONS.
The meaning of terms used in these rules shall be consistent with their general usage in the telecommunications industry unless specifically defined by the 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:
723-46-2.3 Commission. The Public Utilities Commission of the State of Colorado. 723-46-2.4 Party(ies) to the Agreement Being Negotiated; or Party(ies). A telecommunications carrier that is negotiating the specific agreement for interconnection, services, or network elements which is at issue for arbitration before the Commission. 723-46-2.5 Petition for Arbitration. The petition requesting the Commission to arbitrate any open issues in a specific Agreement Being Negotiated.
723-46-2.6 Petitioner. The Party to the Agreement Being Negotiated that files the Petition for Arbitration with the Commission.
723-46-2.7 Respondent(s). The non-petitioning Party(ies) to the Agreement Being Negotitated. 723-46-2.8 Submittal. A filing made by a telecommunications provider with the Commission seeking approval of an arbitrated agreement pursuant to 4 CCR 723-44. RULE (4 CCR) 723-46-3. PROCESS TO PETITION COMMISSION TO ARBITRATE OPEN ISSUES IN THE NEGOTIATION.
723-46-3.1 Pursuant to 47 U.S.C. § 252 (b), any Party to an Agreement Being Negotiated may, during the period from the 135th to the 160th day (inclusive) after the date on which an incumbent local exchange carrier receives a request for negotiation under 47 U.S.C. § 252, petition the Commission to arbitrate any open issues in the negotiation.
723-46-3.2 To request Commission arbitration, a Party shall file a petition with the Commission. The Petition shall contain, in the following order and specifically identified, the following information, either in the Petition or in appropriately identified, attached exhibits: 723-46-3.2.1 Identifying Information.
723-46-3.2.1.3 The name and address of the party's (ies') representative, who is participating in the negotiations and to whom all inquiries should be made; 723-46-3.2.1.4 The negotiation history, established meeting times and location, etc; 723-46-3.2.2 Issues Information. All relevant documentation and arguments concerning: 723-46-3.2.2.1 the unresolved issues;
723-46-3.2.2.2 the position of each of the parties with respect to those issues; 723-46-3.2.2.3 the specific relief requested with respect to each issue; and 723-46-3.2.2.3 any other issue discussed and resolved by the parties. RULE (4 CCR) 723-46-4. REQUIREMENT TO PROVIDE NOTICE.
723-46-4.1 To Other Party(ies) of the Petition. Pursuant to 47 U.S.C. § 252 (b) (2) (B), a party petitioning the Commission to arbitrate shall deliver by first class mail, express mail, or by hand delivery a copy of the Petition and any attached documents to the other party or parties to the Agreement Being Negotiated not later than the day on which the Commission receives the Petition. 723-46-4.2 Petitioner to Provide Notice to the OCC and Other Telecommunications Carriers. The Petitioner shall also furnish written notice to: a) the Office of Consumer Counsel; b) any telecommunications carrier certified by the Commission to provide telecommunications service in the State of Colorado, as contained on a list maintained by the Commission; and c) any telecommunications carrier known to be negotiating an agreement for services, network elements, or interconnection in the State of Colorado, as contained on a list maintained by the Commission. 723-46-4.3 Notice--Contents; Manner of Service. The written notice shall include a statement that a Petition for Arbitration has been filed with the Commission; the names of the Parties; the date that the request for negotiation with the incumbent local exchange carrier was made; and a summary of the issues. The notice shall be delivered by first class mail, by express mail, or by hand delivery not later than the day on which the Petition for Arbitration is filed with the Commission. The notice shall also state that interventions must be filed with the Commission within ten (10) days. 723-46-4.4 Certificate of Service. The Petition shall include a Certificate of Service showing that Notice was given in accordance with this rule.
RULE (4 CCR) 723-46-5. OPPORTUNITY TO RESPOND TO PETITION. 723-46-5.1 Other Parties. A Respondent shall respond to the Petition for Arbitration within 25 days after the Petition is filed with the Commission. If a Respondent seeks to have issues arbitrated that are not set out in the petition, the Respondent shall state those issues, the position of each of the parties with respect to those issues, and the specific relief requested with respect to those issues. The Respondent to a petition for arbitration shall become a party to arbitration proceedings upon service of the petition in accordance with Rule 4.1.
723-46-5.2 Public Comment; Intervention. A person may file comments to the Petition within twenty-five (25) days after the Commission receives the Petition. A person seeking to intervene shall file a pleading to intervene within ten (10) days of the date that the Petition for Arbitration was filed with the Commission. RULE (4 CCR) 723-46-6. ROLE OF COMMISSION DURING ARBITRATION. 723-46-6.1 The Commission or its appointed Administrative Law Judge shall: a) review all submitted documentation and written arguments, and b) hold a hearing on the petition. 723-46-6.2 The Commission may require the petitioning and responding parties to provide additional information as may be necessary for the Commission to reach a decision on the unresolved issues. If any party refuses or fails unreasonably to respond on a timely basis to any reasonable request from the Commission, then the Commission may proceed on the basis of the best information available to it from whatever source derived.
723-46-6.3 The Commission shall resolve each issue set forth in the petition and the response, if any, by imposing appropriate conditions as required to implement Rule 7 upon the parties to the Arbitrated Agreement.
723-46-6.4 The Commission shall conclude the resolution of any unresolved issues not later than nine (9) months after the date on which the local exchange carrier received the request for negotiation for interconnection under section 47 U.S.C. § 252 in accordance with the Commission's own procedures and specified statutes or rules.
723-46-6.5 The Commission may order the parties to the arbitration to pay for a transcript of the arbitration proceedings. In such case, the Commission will apportion the cost among the parties in an equitable fashion.
RULE (4 CCR) 723-46-7. STANDARDS FOR ARBITRATION.
Pursuant to 47 U.S.C. § 252 (c), in resolving any open issues by arbitration under 47 U.S.C. § 252 (b) and imposing conditions upon the parties to the agreement, the Commission shall: 723-46-7.1 ensure that such resolution and conditions meet the requirements of 47 U.S.C. § 251, including the regulations prescribed by the Federal Communications Commission pursuant to 47 U.S.C. § 251;
RULE (4 CCR) 723-46-8. DUTY OF PARTIES TO NEGOTIATE IN GOOD FAITH DURING ARBITRATION.
Pursuant to 47 U.S.C. § 251(c) (l), each incumbent local exchange carrier has, among other duties, the duty to negotiate in good faith, in accordance with 47 U.S.C. § 252, the particular terms and conditions of agreements to fulfill the duties described in 47 U.S.C. § 251 (b) (1) through (5), and 47 U.S.C. § 251(c). The requesting telecommunications carrier also has the duty to negotiate in good faith the terms and conditions of such agreements.
RULE (4 CCR) 723-46-9. REFUSAL TO NEGOTIATE.
Pursuant to 47 U.S.C. § 252 (b) (5), the refusal of any Party to participate further in the negotiations, to cooperate with the Commission in carrying out its function as an arbitrator, or to continue to negotiate in good faith in the presence, or with the assistance, of the Commission shall be considered a breach of the duty to negotiate in good faith.
RULE (4 CCR) 723-46-10. REQUIREMENT TO SUBMIT AGREEMENT FOR APPROVAL. Pursuant to 47 U.S.C. § 252 (a) (1) and 47 U.S.C. § 252(e)(1), any interconnection agreement reached by negotiation or arbitration [between or among telecommunications carriers] shall be submitted for approval to the Commission following the process established in 4 CCR 723-44. Pursuant to 47 U.S.C. § 252 (e) (4), the Commission must approve or reject Arbitrated Agreements within 30 days. RULE (4 CCR) 723-46-11. WAIVER OF RULES.
The Commission may permit variance from these rules, if not contrary to law, for good cause shown or it if finds compliance to be impossible, impracticable, or unreasonable.