PURPOSE: This rule defines terms used in the rules comprising Chapter 36. The terms defined in the Telecommunications Act of 1996 are generally applicable to these rules.
- (1) Commission means the Missouri Public Service Commission.
- (2) FCC means the Federal Communications Commission.
- (3) Act means the Telecommunications Act of 1996; unless noted otherwise, all references to sections and subsections are to the Communications Act of 1934 as amended by the 1996 Act.
- (4) Mediation means a process in which the commission assists negotiating parties to reach their own solution.
- (5) Arbitration means the submission of a dispute to the commission for resolution by a process that will employ a neutral arbitrator who will facilitate resolution of the disputed issues through markup conferences and limited evidentiary hearings, and who will prepare a final report for acceptance, modification or rejection by the commission.
- (6) Petition means an application to the commission for relief under section 252 of the Act.
- (7) Request for negotiation means the first date on which an incumbent local exchange carrier receives a written request to negotiate pursuant to the Act.
- (8) Arbitrated agreement means the entire agreement filed by the parties in conformity with the commission’s order approving, rejecting or modifying the arbitrator’s final report, in whole or in part.
- (9) Unresolved issues means those issues submitted to be decided by the arbitrator in compliance with subsection 252(b)(4)(C) of the Act.
AUTHORITY: section 386.410, RSMo 2000.* This rule originally filed as 4 CSR 240- 36.010. Original rule filed Dec. 30, 2003, effective Aug. 30, 2004. Moved to 20 CSR 4240-36.010, effective Aug. 28, 2019.
*Original authority: 386.410, RSMo 1939, amended 1947, 1977, 1996.