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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
1/27/2020

20VAC5-419-30. Agreements Arrived at Through Compulsory Arbitration.

The following procedure shall be followed when a party to a negotiation petitions the commission to arbitrate unresolved issues under 47 USC § 252(b):

1. Any party to a negotiation may petition ("petitioning party") the commission to arbitrate any unresolved issue in accordance with the deadlines set out in 47 USC § 252(b)(1). An original and five copies of an arbitration request shall be filed as a petition, including all supporting documentation, and must conform with 47 USC § 252(b)(2). The petition shall be accompanied by a cover letter clearly and conspicuously identifying the filing as a petition for compulsory arbitration under 47 USC § 252(b). Along with its petition, the petitioning party shall file any request for hearing along with any prefiled direct testimony and all materials it will rely on to support its case at the hearing, including all evidence it intends to present. The petitioning party shall serve, on or before the date of filing, a copy of the petition on all other parties to the negotiation. If any person requests a copy of the petition, the petitioning party shall promptly serve a copy of the petition on the person making the request for same.

2. Within 25 days after the petition is filed, the nonpetitioning party or parties to the negotiation ("responding party") may file an original and five copies of any response and any additional information as provided under 47 USC § 252(b)(3). In addition, the responding party shall file an original and five copies of any responsive testimony, if necessary, and all materials it will rely on to support its case at the hearing, including all evidence it intends to present. The responding party may request a hearing and shall file an original and five copies of its direct testimony and all materials it will rely on to support its case at the hearing, including all evidence it intends to present. Any response shall include all supporting documentation and shall be served on the petitioning party and commission staff on or before the date the response is filed with the commission. If a person specifically requests a copy of the response, the responding party shall promptly serve a copy of the response on the person making the request for same. If no timely request for hearing is received, the commission may arbitrate the unresolved issues and review the resolved issues without a hearing.

3. Participation by individuals and entities other than the negotiating parties shall be by leave of the commission.

4. If the commission accepts arbitration of the dispute, the parties shall file six copies of an agreement adopting the results of such arbitration within 28 days of the conclusion of the arbitration. The deadline for filing such agreement may be extended by order of the commission for good cause shown.

5. Within 10 days after the agreement is filed, any person may file an original and five copies of comments or request for hearing on the agreement. Such comments shall be limited to the grounds for rejection as listed in 47 USC § 252(e)(2) and shall include all supporting documentation. On or before the date of filing, comments or requests for hearing shall be served on the parties to the agreement.

6. Within 15 days after the agreement is filed, any party to the agreement may file an original and five copies of any reply comments in direct response to comments filed under subdivision 5 of this section. Such reply shall include all supporting documentation.

7. 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 or 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."

8. 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 Volume 18, Issue 04, eff. October 17, 2001; amended, Virginia Register Volume 20, Issue 24, eff. July 21, 2004.

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