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.
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.
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 Virginia Register Volume 18, Issue 4, eff. October 17, 2001; amended, Virginia Register Volume 20, Issue 24, eff. July 21, 2004.
20VAC5-419-40. Statement of generally available terms.
The following procedure shall be followed when a Bell Operating Company ("BOC") files a statement of generally available terms and conditions:
1. The BOC shall, on or before the day the statement of generally available terms and conditions is filed, serve a notice of filing which generally describes the terms and conditions of the statement or a copy of the statement itself on all interested parties. If a person specifically requests a copy of the statement, the BOC shall promptly serve a copy of the statement on the person making the request. The BOC shall, on or before the date of filing, serve a copy of the statement on the commission staff. The filing shall include a detailed explanation of how the statement complies with 47 USC § 252(d) and 47 USC § 251 and the regulations thereunder and shall include all supporting documentation.
2. Comments or requests for hearing may be filed within 21 days of the filing of the statement. Comments shall be limited to whether the statement complies with 47 USC § 252(d) and 47 USC § 251 and the regulations thereunder and shall include all supporting documentation. The commission will grant a hearing request only if good cause is shown. Comments or requests for hearing, or both, shall, on or before the date of filing, be served upon the BOC and the commission staff. Upon request, a person shall promptly serve a copy of the comments or request for hearing, or both, on the person making the request for same.
3. After the deadline for the filing of comments or requests for hearing has passed, the service list for the case shall be limited to the BOC, the commission staff, and any persons who timely filed comments or requests for hearing, or both.
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.