Administrative Code

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Virginia Administrative Code
Title 20. Public Utilities And Telecommunications
Agency 5. State Corporation Commission
Chapter 419. Procedural Rules for Implementing §§ 251 and 252 of the Telecommunications Act of 1996, 47 Usc §§ 251 and 252

20VAC5-419-10. General procedure.

A. An arbitration request shall include separate lists of those issues resolved by the parties and those issues not resolved by the parties through negotiation. The resolved portions of an agreement shall be reviewed under 47 USC § 252(e)(2)(A), and arbitrated portions of an agreement shall be reviewed under 47 USC § 252(e)(2)(B).

B. The filing of an arbitration request shall not preclude the parties from continuing negotiations on unresolved issues.

C. To the extent there is conflict between this chapter and the State Corporation Commission's Rules of Practice and Procedure (5VAC5-20), this chapter shall control.

D. No provision of this chapter shall interfere with the commission's power to direct a hearing examiner to consider any issue or issues that arise during a proceeding under this chapter.

E. Failure to file supporting documentation or evidence when required by this chapter may result in dismissal of the relief sought by the party failing to comply or in a decision adverse to that party's position on the merits.

F. The commission may decline to act in matters governed by this chapter arising under 47 USC §§ 251 and 252, or may exercise its authority pursuant to § 56-265.4:4 B 4 of the Code of Virginia.

G. The commission may, in its discretion, order an evidentiary hearing to address issues that arise in a proceeding under this chapter or may deny a hearing request when a hearing is not necessary to resolve the issues. The commission may also consolidate proceedings or common issues from two or more proceedings.

H. All filings made pursuant to this chapter shall be with the clerk of the commission. Additional copies of any filing made pursuant to this chapter shall be provided to the clerk of the commission upon request of the clerk.

I. The commission may deviate from the provisions of this chapter as it deems necessary to fulfill its obligations under the Code of Virginia or 47 USC §§ 251 and 252.

Statutory Authority

§ 12.1-13 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 4, eff. October 17, 2001; amended, Virginia Register Volume 20, Issue 24, eff. July 21, 2004.

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