New Mexico Administrative Code
Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES
Chapter 11 - TELECOMMUNICATIONS
Part 18 - INTERCONNECTION FACILITIES AND UNBUNDLED NETWORK ELEMENTS
Section 17.11.18.19 - MEDIATION OF INTERCONNECTION AGREEMENTS

Universal Citation: 17 NM Admin Code 17.11.18.19

Current through Register Vol. 35, No. 18, September 24, 2024

A LEC that is unable to negotiate an interconnection agreement with an ILEC may petition the commission to mediate any unresolved issues. The LEC shall serve a copy of such petition on the parties to the negotiation. The commission may appoint a hearing examiner as a mediator.

A. Within fifteen (15) days of the filing of the petition, each party shall submit to the mediator a written statement summarizing the dispute and providing all relevant documentation concerning the unresolved issues.

B. The mediation proceeding shall be confidential. All documents exchanged and submitted during the mediation, except the parties' initial statements and the final mediated agreement, shall be kept confidential unless the mediating parties agree to the disclosure of any such material.

C. The mediator shall not have the authority to impose a settlement on the parties but shall attempt to help them satisfactorily resolve the dispute. The mediator shall be authorized to make oral and written recommendations of resolution at any point in the mediation proceeding. In the event the mediating parties fail to reach resolution of their differences, the mediator, before terminating the mediation proceeding, shall submit to the parties a final proposed agreement. If a party does not accept the mediator's final proposed agreement, it shall advise the mediator in writing within ten (10) days of the mediator's issuance of the proposed agreement of the specific reasons for its refusal.

D. The mediation proceeding shall be terminated when:

(1) the parties have executed a mediated agreement;

(2) one or more of the parties files with the commission a written declaration that the mediation proceeding is terminated; the party must provide a detailed explanation for its decision to terminate the mediation; or

(3) the mediator files with the commission a written declaration that further efforts at mediation would be futile.

E. If the parties reach a mediated agreement, they shall submit it to the commission for approval. The mediator shall submit a report certifying that, to the best of the mediator's knowledge and belief, the agreement satisfies the standards prescribed in 47 U.S.C. Section 252(e) and all of its subparts.

F. The commission shall approve or reject the mediated agreement in accordance with the standards prescribed in 47 U.S.C. Section 252(e) and all of its subparts within thirty (30) days of its submittal.

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