Current through all regulations passed and filed through September 16, 2024
[Comment: For dates of references to a
section of either the United States Code or a regulation in the Code of Federal
Regulations, see rule
4901:1-7-02
of the Administrative Code.]
(A)
Arbitration is an alternative dispute resolution process whereby parties
present evidence and legal arguments to a neutral third party, called an
arbitrator or an arbitration panel, who renders a recommended decision to the
commission. Any party to the negotiation of an interconnection agreement may,
during the period from the one hundred thirty-fifth to the one hundred sixtieth
day (inclusive) after the date on which a local exchange carrier receives a
request for negotiation, petition the commission to arbitrate any open
issues.
(B) The commission will
only arbitrate issues that have been unresolved between the parties and filed
with the commission in the petition for arbitration or the response to the
petition.
(C) To petition the
commission for arbitration, a party to the negotiation shall file two copies of
the request with the commission's docketing division. Docketing will assign a
docket number using the industry code TP and the purpose code ARB.
(D) The petition must include the following
information:
(1) The name, address, telephone
number, e-mail, and fax number of the party to the negotiation making the
request.
(2) The name, address,
telephone number, e-mail, and fax number of the other party to the
negotiation.
(3) The name, address,
telephone number, e-mail, and fax number of the parties' representatives
participating in the negotiation and to whom inquiries should be made.
(4) The negotiation history,
including meeting times and locations.
(5) A list of the petitioning party's
unresolved issues and a clear explanation of that party's position on the
listed issues.
(6) All relevant
nonproprietary documentation on any other issue discussed and resolved by the
parties.
(7) A statement
identifying information needed to decide unresolved issues or information that
has been requested during negotiations but not yet provided.
(E) Notice of petition for
arbitration
A petitioner requesting the commission to arbitrate unresolved
issues shall provide a copy of the petition and accompanying documentation to
the other party not later than the day on which the petition is filed with the
commission.
(F) Opportunity
to respond to petition
A nonpetitioning party to a petition for arbitration shall file
a response to the petition within twenty-five calendar days after the petition
to arbitrate is filed. The response should identify the nonpetitioning party's
position on the petitioning party's unresolved issues. In addition, the
nonpetitioning party may identify additional unresolved issues with a clear
explanation of its position on the additional issues it identifies.
(G) Commission responsibility
(1) Upon receipt of a timely and complete
petition for arbitration, the commission shall appoint an arbitration panel. It
is the function of the arbitration panel to recommend a resolution of the
issues in dispute if the parties cannot reach a voluntary agreement.
(2) Within ten calendar days of the filing of
a request for arbitration, the arbitration panel will schedule a conference to
be held within thirty calendar days after the filing of the arbitration
petition. The purpose of the conference is to plan an arbitration hearing date,
identify witnesses to be presented at the hearing, discuss possible admissions
or stipulations of uncontested matters, clarify the issues to be resolved,
identify additional information needed to reach a decision on the unresolved
issues, schedule the production of relevant documents and other information,
identify issues which have been resolved, discuss or rule on any other
appropriate procedural matters, and consider any other procedures that will
expedite the arbitration process. The arbitration panel is authorized to order
any party to provide information that it deems necessary to reach a decision on
the unresolved issues and to establish the time period for providing the
information.
(3) Unless otherwise
determined by the arbitration panel, seven calendar days prior to the
arbitration hearing, each party shall file an arbitration package that will
assist the arbitrators in the conduct of the hearing. Unless previously
submitted in writing to the panel, the arbitration package shall contain: the
list of issues to be arbitrated as identified by the petition for arbitration
or the response to the petition, the party's position as to each issue,
identification of issues which have been resolved by the parties and a
description of the resolution, the party's prefiled testimony, the exhibits
which the party intends to introduce at the hearing, and a list of factual
stipulations upon which the parties have agreed. Given the expedited nature of
the arbitration process, factual stipulations are encouraged.
(4) Unless otherwise determined by the
arbitration panel and the parties, the panel will conduct a hearing with
prefiled testimony, transcription of the hearing, and cross-examination of
witnesses. Unless determined otherwise by the arbitration panel after
consultation with the parties, the length of the hearing, including oral
argument, will be limited to four calendar days. Generally, the arbitration
panel will conduct the hearing process according to the following procedures:
(a) The panel will provide the parties at
least fifteen calendar days' written notice of the hearing.
(b) Unless consolidation of issues is
permitted, only parties to the negotiation will be permitted to participate as
parties to the arbitration hearing.
(c) The arbitration panel will permit
discovery. Basic cost information to support prices for interconnection,
services, or network elements should be exchanged expeditiously. The panel will
establish a schedule for additional discovery by entry or at the prehearing
conference.
(d) Whenever possible,
the parties should enter into factual stipulations given the expedited hearing
schedule.
(e) The chair of the
arbitration panel will preside over the hearing.
(f) A written transcript of the hearing will
be prepared.
(g) Witnesses shall be
subject to cross-examination on their testimony.
However, the arbitration panel shall have the authority to
limit or prohibit cross-examination on policy or legal issues.
(h) Instead of requiring
post-hearing briefs, the panel may hear oral arguments of the parties at the
conclusion of the hearing.
(i) The
arbitration panel will limit its consideration of any petition for arbitration
and any response to the unresolved issues raised in the petition and
response.
(j) The parties to the
arbitration may be required to provide additional information as may be
necessary for the arbitration panel to reach a decision on the unresolved
issues. Information provided to the arbitration panel shall also be provided at
the same time to the other parties to the arbitration. If any party refuses or
fails to respond on a timely basis to any reasonable request from the
arbitration panel, the arbitration panel may proceed on the basis of the best
information available on the record.
(k) The commission shall resolve each issue
set forth in the petition and the response by imposing conditions that ensure
that the resolution and conditions meet the requirements of
47 U.S.C. 251,
establish rates for interconnection, services, or network elements in
accordance with
47
U.S.C. 252(d), and provide a
schedule for implementation of the terms and conditions by the parties to the
agreement.
(l) A commission
arbitration award shall be issued not later than nine months after the date on
which the local exchange carrier received the request for interconnection
pursuant to
47
U.S.C.
252(b)(4)(C).
(5) Within thirty calendar days
after the issuance of the arbitration award, the parties shall file their
entire interconnection agreement, consistent with the commission's arbitration
award, for commission review. A complete interconnection agreement shall
include a detailed schedule of itemized charges for interconnection and each
service or network element included in the agreement, including all separate
agreements covering such services or network elements.
(6) If the parties are unable to agree on an
entire interconnection agreement, within thirty calendar days after the
arbitration award is issued, each party shall file for commission review its
version of the language that should be used in a commission-approved
interconnection agreement. Unless otherwise authorized by the commission, no
comments addressing disputed language filed under this provision will be
entertained. The commission will select the competing language that most
closely reflects the commission's award.
(7) Parties to the arbitration may seek
extension of any of the deadlines outlined in this rule by the mutual agreement
of the parties and the arbitration panel.
(H) Commission review
Unless otherwise determined by the commission, the agreement
shall be deemed approved on the thirty-first calendar day.
(I) Nothing in these rules precludes the
filing of a voluntarily negotiated interconnection agreement at any
time.
(J) If the commission rejects
a voluntary agreement resulting from negotiation or mediation, or an agreement
arrived at by the arbitration process, the parties may file within thirty
calendar days an application for rehearing for the commission's consideration.
Alternatively, the parties may resubmit the agreement for commission approval
within thirty calendar days following rejection if the parties have remedied
the deficiencies found by the commission in its order.
(K) Confidentiality
The commission will treat information determined by the
commission to be proprietary and confidential which is received during the
mediation, negotiation, and/ or arbitration process as confidential. The
parties to the mediation, negotiation, and/ or arbitration process are expected
to negotiate appropriate protective orders for the exchange of information
deemed to be proprietary. The commission's procedures concerning proprietary
information contained in rule
4901-1-24
of the Administrative Code, shall govern the treatment of confidential and
proprietary information.
(L) Waiver
(1) Notwithstanding any provision in these
rules, the mediator, arbitration panel, or the commission may permit variance
from these rules.
(2) The
commission retains continuing jurisdiction and will maintain regulatory
oversight over all approved interconnection agreements.
(M) Notice of approved interconnection
agreements
All approved interconnection agreements may be obtained from
the commission's docketing division or electronically by subscribing to a
personal daily distribution list at the commission website.
Effective: 10/27/2017
Five Year
Review (FYR) Dates: 8/11/2017 and
07/14/2022
Promulgated
Under: 111.15
Statutory
Authority: 4927.03,
4901.13
Rule
Amplifies: 4901.13,
4927.04
Prior
Effective Dates: 11/30/2007, 3/2/2013
