Ala. Admin. Code r. 770-X-5-.27

Current through Register Vol. 43, No. 1, October 31, 2024

Section 770-X-5-.27 - Approval Of Negotiated Interconnection Agreements

(1) Negotiated interconnection agreements must be submitted for Commission approval within fifteen (15) days of the execution of such agreements unless such time period is extended by the Commission.

(2) The original and ten (10) copies of all requests for the approval of negotiated agreements and the supporting documentation required below must be filed with the Secretary of the Commission. The party petitioning for approval shall simultaneously with its service on the Commission also serve on all other parties to the negotiations the petition for approval and the supporting documentation required below unless all parties to the negotiations jointly submit the request for approval. In addition, parties requesting approval of negotiated agreements shall serve the petition for approval (excluding the supporting documentation) and the statements which are required to accompany same by C(2) and C(3) below on all parties on the Commission's Telecommunications service list. The service required herein shall be demonstrated by proper certificate of service.

(3) The request for approval shall include at a minimum:

(a) A complete copy of the signed agreement including all attachments and appendices.

(b) A written statement setting out the main provisions of the agreement and the positions of the parties regarding approval and/or modification.

(c) A statement as to why the agreement does not discriminate against nonparties, is consistent with the public convenience and necessity and/or the public interest; and is consistent with the orders, rules and regulations of the Alabama Public Service Commission.

(4) Requests for approval of negotiated agreements which do not comply with the above requirements will be rejected and shall not be deemed to commence the running of the ninety (90) day approval period specified at Section 252 (e)(4) of the Telecommunications Act of 1996.

(5) Any interested party may submit comments concerning a negotiated agreement presented for approval within twenty (20) days of the filing of said agreement. Any comments must contain supporting documentation and will be limited to the criteria for review established under Section 252 (e) (2) (a) of the Telecommunications Act of 1996. The parties to the negotiated agreement may submit replies to any comments filed within seven (7) days of the filing of such comments with the Commission.

(6) The Commission, at its discretion, may set any negotiated agreement submitted for approval for hearing if it determines from the comments received and/or on its own motion that a hearing is necessary to determine with certainty whether the negotiated agreement clearly complies with the requirements of the Telecommunications Act of 1996. Said hearings will be conducted pursuant to the Commission's existing Rules of Practice.

Ala. Admin. Code r. 770-X-5-.27

Effective March 1993. Amended October 1996. Filed with LRS February 5, 2 013. 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.