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

20VAC5-419-20. Agreements arrived at through negotiation.

The following procedure shall be observed when parties have negotiated and entered into a binding agreement for interconnection, services, or network elements ("interconnection agreement") under 47 USC § 252(a)(1):

1. The parties shall, within 28 days of the execution or adoption of the negotiated agreement, file three printed copies of the negotiated agreement. The parties shall promptly serve a copy of the agreement on any person making the request for same. The filed agreement shall be accompanied by a cover letter setting forth the names and mailing address of the regulatory contact for each party to the negotiated agreement and shall clearly and conspicuously identify the filing as an interconnection agreement.

2. Within 21 days of the filing of the negotiated agreement, any person may file an original and two copies of comments or requests for hearing regarding the negotiated agreement. Comments or requests for hearing shall refer to the case number, include all supporting documentation, and shall be limited to the criteria for review under 47 USC § 252(e)(2)(A). Any person filing comments or a request for hearing, or both, shall, on or before the date of filing of such comments or request, serve a copy on the parties to the negotiated agreement. A copy of the comments or request for hearing, or both, shall be served promptly on persons making the request for same.

3. Within 15 days of the filing of any comment or request for hearing, the parties to the negotiated agreement may jointly file an original and two copies of a response thereto and shall serve a copy on the person who filed comments or request for hearing. This response shall refer to the case number and include all supporting documentation.

4. Unless otherwise acted upon by the commission, negotiated agreements shall be deemed approved, pursuant to 47 USC § 252 (e)(4), 90 days after the negotiated agreement is filed with the commission.

5. Notification of modifications or amendments to any agreement made pursuant to this section shall be filed and subject to comment or request for hearing in the same manner governing agreements as set forth above. Notifications of modifications or amendments shall refer to the case number assigned in the original case, and shall be accompanied by a cover letter that identifies the filing as a "notification of Modification of Interconnection Agreement" or "Amendment of Interconnection Agreement. "

6. The parties to any agreement subject to this section shall file an original and two copies of (i) any amendment or revision to the agreement, (ii) any superseding replacement agreement, or (iii) notification of termination of the agreement within 28 days after the effective date of such amendment, replacement, or termination of an agreement.

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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