Ala. Admin. Code r. 770-X-5-.25

Current through Register Vol. 42, No. 11, August 30, 2024

Section 770-X-5-.25 - Requests For Mediation

(1) Any party to negotiations conducted pursuant to Section 252 of the Telecommunications Act of 1996 may petition the Commission to mediate any issues which are unresolved between the negotiating parties by filing an original and ten (10) copies of a petition for mediation. Said request shall simultaneously be served upon all the parties to the negotiations for which mediation is being sought. At a minimum, the request for mediation shall include:

(a) The names, addresses, telephone numbers, and facsimile numbers of the parties to the negotiations and their authorized representatives.

(b) A statement of relevant background information which shall include the date on which the negotiations were requested.

(c) A brief statement of position on each of the unresolved issues.

(2) The parties to negotiations for which mediation is sought who do not join in the petition for mediation shall file replies to the petitioning party's request for mediation within ten (10) days of the date of service of the request for mediation. Although mediation will be conducted on a nonbinding, voluntary basis, all parties to interconnection negotiations for which mediation is sought are strongly encouraged to submit to mediation. Failure to do so may be perceived as a failure to negotiate in "good faith" as is specifically required by the Telecommunications Act of 1996 at Section 251(c)(1).

(3) Following the receipt of a request for mediation which complies with the above requirements and any replies thereto, the Commission will appoint a Commission employee to lead the mediation of the unresolved issues between the parties. The Commission may, at its discretion, however, appoint a mediator who is not a Commission employee to lead the mediation. The mediator may receive technical assistance from the Commission staff.

(4) Mediation is a voluntary, non-binding, alternative dispute resolution process. The mediator appointed shall be authorized to offer settlement proposals, but cannot impose a settlement on the parties. The mediator's primary role is to help the parties achieve their own resolution.

(5) The mediator will schedule all meetings in consultation with the parties. Only the mediator, Commission staff members selected by the mediator or the Commission to provide technical support, and the parties to the negotiations may attend meetings unless all parties mutually consent otherwise. In order to facilitate settlement, the mediator and Commission technical support staff may meet with the parties individually.

(6) The mediator may request that supplemental information be filed. The mediator cannot, however, compel discovery among the parties. All discussions and information exchanged during the mediation process will be confidential between the parties and the Commission unless the parties mutually consent otherwise. The mediator's statements as to law or policy are not binding on the Commission and the positions taken by the parties during mediation will not prejudice their position in any later proceedings.

(7) The parties to the mediation must be represented by participants who have the authority to enter into a settlement concerning the matters at issue.

(8) The mediator may terminate the mediation if it appears in his or her judgment that the likelihood of agreement among the parties is remote or if a party is not participating in good faith, or for other good cause. The parties shall be notified in writing of such a decision by the mediator.

Ala. Admin. Code r. 770-X-5-.25

Effective March 1993. Amended October 1996. Filed with LRS February 5, 2013. Filed for Codification in the Alabama Administrative Code by the Alabama Public Service Commission on February 5, 2013, pursuant to the Code of Ala. 1975, § 41-22-7.

Author: Alabama Public Service Commission

Statutory Authority:Code of Ala. 1975, §§ 37-1-38, 37-2-3.