Ala. Admin. Code r. 770-X-5-.28

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

Section 770-X-5-.28 - Approval Of Arbitrated Agreements

(1) Arbitrated agreements must be submitted for Commission approval within twenty (20) days of the entry of the Commission's Order resolving the issues between the parties to the negotiations for which arbitration was sought.

(2) The original and ten (10) copies of all requests for the approval of arbitrated 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 arbitration the petition for approval and the supporting documentation required below unless all parties to the arbitration jointly submit the request for approval. In addition, parties requesting approval of arbitrated agreements shall serve the petition for approval (excluding the supporting documentation) and the statements required 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 a proper certificate of service.

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

(a) A signed copy of the arbitrated agreement, including all attachments and appendices thereto.

(b) A brief statement summarizing the main provisions of the agreement and the position of the parties concerning adoption or modification of the agreement.

(c) A statement as to how the agreement meets the requirements of Section 251 of the Telecommunications Act of 1996 and all other Federal Communications Commission and Alabama Public Service Commission rules, regulations and guidelines; and is consistent with the pricing standards set forth at Section 252(d).

(4) Complete and specific information which will enable the Commission to make determinations regarding pricing standards under Section 252 (d) of the Telecommunications Act of 1996 including but not limited to supporting information for (i) the cost basis for rates for interconnection and network elements and the profit component of the proposed rate, (ii) transport and termination charges, and (iii) wholesale prices.

(5) All arbitrated agreements submitted for approval which do not comply with the above requirements shall be rejected and shall not commence the running of the thirty (30) day approval period specified in the Telecommunications Act of 1996 at Section 252(e)(4).

(6) Any interested party may request a hearing on an arbitrated agreement submitted for approval provided the original and ten (10) copies of said request for hearing are filed with the Secretary of the Commission before 5 p.m. CST of the fifth (5th) day following the filing of the agreement with the Commission. Based on such request(s), or its own motion, the Commission may, at its discretion, schedule a hearing on any arbitrated agreement submitted for approval. Said hearing shall be held on or about the fifteenth (15th) day following the filing of the agreement. Said hearing will be conducted in accordance with the Commission's Rules of Practice to the extent possible, except that the Commission may specifically limit participation in the proceeding to the extent it deems necessary due to time constraints.

(7) Interested parties may submit comments concerning the agreement submitted for approval within fifteen (15) days of the filing of the agreement with the Commission. The original and ten (10) copies of any such comments should be served on the Secretary of the Commission with simultaneous service on all parties to the Commission's telecommunications service list.

(8) The Commission will review arbitrated agreements submitted for approval, any comments submitted in response thereto, and the record of any hearing held on the agreement. Following said review, the Commission will enter an order approving or rejecting the agreement within thirty (30) days of its filing. The Commission may only reject the agreement if it finds that the agreement does not meet the requirements of Section 251 of the Telecommunications Act of 1996, any regulations prescribed by the Federal Communications Commission pursuant to Section 251, or the requirements established by Section 252(d) of the Act.

Ala. Admin. Code r. 770-X-5-.28

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.