04 N.C. Admin. Code 08 .0313 - ARBITRATION POLICIES
The Authority shall arbitrate any interconnection disputes between a TMC and other telecommunications carriers as described in Section 252 of the 1996 Telecommunications Act ("the Act"). This Rule sets forth the procedures for that process.
(1) When
the Authority is requested to arbitrate an interconnection agreement pursuant
to Section 252(b)(1) of the Act or pursuant to a valid contractual agreement
between a North Carolina cooperative and another telecommunication carrier, the
petitioning party shall provide the Authority with the information required
under Section 252(b)(2) of the Act and the non-petitioning party shall have the
opportunity to respond in the timeframe set forth in Section
252(b)(3).
(2) The Authority shall
send each party a list of approved arbitrators. The parties shall have 15 days
to review the list, strike names they object to, rank the remaining names in
the order of preference and return the list to the Authority. The Authority
shall then select the arbitrator agreed to by the parties. If the parties do
not agree on the selection, the Authority shall select an arbitrator of its
choosing from the list.
(3) The
parties seeking the arbitration shall be held accountable for any financial
obligations, and each shall be responsible for an equal portion of the
arbitrator fee, regardless of the outcome of the recommendation submitted to
the Authority. The fee shall be paid directly to the arbitrator.
(4) At the request of any party, or at the
discretion of the arbitrator, the arbitrator may:
(a) schedule a preliminary hearing with the
parties or its representatives;
(b)
direct the production of documents and other information and the identification
of any witnesses to be called at the hearing; or
(c) order the parties to attend a formal
arbitration hearing.
(5)
The parties shall respond to requests for hearing dates by the deadline
established by the Authority or the arbitrator, be cooperative in scheduling
the earliest practical hearing date, and adhere to the established hearing
schedule. The arbitrator shall send a notice of hearing to the parties at least
20 calendar days in advance of the hearing date, unless otherwise agreed to by
the parties. At least five business days prior to the arbitration hearing, the
parties shall exchange copies of all exhibits each party intends to submit at
the hearing.
(6) The arbitrator
shall conclude the resolution of any unresolved issues no later than nine
months following the date on which the request for arbitration was originally
received by the Authority.
(7) The
petitioning party shall present evidence to support its petition. The
non-petitioning party shall then present evidence in response. The arbitrator
has the discretion to vary this procedure, but each party shall have the right
to be heard and be given an opportunity to present his or her case.
(8) The arbitrator shall make a decision on
the issues presented for arbitration that contains applicable findings of fact
and conclusions of law and forward this recommended decision to the
Authority.
(9) The Authority shall
consider the decision of the arbitrator to be a recommendation. The Authority
shall make the final decision in any arbitration hearing and may order
additional written or oral testimony from the parties in order to render the
decision. The Authority may accept the recommended decision from the arbitrator
as its final decision, amend the recommended decision, or reject the
recommended decision and render its own independent decision.
(10) In accordance with
47 U.S.C.
252, a resolution of any unresolved issues
shall be reached not later than nine months following the date on which the
request for arbitration was originally received by the Authority.
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