Minnesota Administrative Rules

7812.1500 INTERCARRIER NEGOTIATIONS GENERALLY.

Subpart 1.

Definitions.

The following definitions apply to parts 7812.1500 to 7812.1900:

A.

"Arbitration" means an alternative process for resolving disputes submitted to the commission pursuant to section 252 of the act, in which the commission, assisted by a neutral third party fact finder, makes a final determination on the issues presented.

B.

"Arbitrator" means the person or persons designated by the commission to conduct arbitration proceedings as provided in part 7812.1700.

C.

"Intervenor" means a person who is not a party to the negotiation but who is permitted to participate as a party in a proceeding under part 7812.1700 or 7812.1800.

D.

"Mediation" means a voluntary alternative dispute resolution process in which a neutral third party helps parties reach a negotiated agreement as provided in part 7812.1600.

E.

"Negotiating party" means a party to negotiations under section 252 of the act.

F.

"Participant" means a person who files comments or otherwise participates in an arbitration or approval proceeding without becoming a party to the proceeding.

G.

"Party" means a party to the negotiations under section 252 of the act, or a person permitted to intervene in the arbitration or approval proceeding under part 7812.1700 or 7812.1800.

H.

"Petition for arbitration" means the petition requesting arbitration of open issues in a negotiation for interconnection or resale pursuant to section 252 of the act.

I.

"Petitioner" means a party to a negotiation who files a petition for arbitration.

J.

"Respondent" means a party to a negotiation against whom a petition for arbitration is filed.

Subp. 2.

Establishing initial service list.

Persons desiring to receive notice of (1) requests for negotiation under section 252 of the act, (2) filings related to arbitrations under part 7812.1700, and (3) approval proceedings under part 7812.1800, shall file a written request with the incumbent local exchange carrier (LEC). The LEC shall maintain a list of all persons who have filed the requests and shall provide the list to any carrier requesting negotiations under section 252 of the act. The commission's rules of practice and procedure, part 7829.0600, subparts 2 to 5, apply to this list.

Subp. 3.

Notice of interconnection request.

An incumbent LEC that receives a request for negotiation shall notify the commission in writing of the request. The notice must identify the party requesting negotiation and the date of the request. The notice must be filed and served on the other party to the negotiation, the department, the Office of Attorney General-Residential Utilities Division (OAG-RUD), and persons on the service list established under subpart 2 within ten days after receiving the request.

Subp. 4.

Update on negotiation status.

Each party to a negotiation shall, between 90 and 125 days after the request for negotiation, notify the commission in writing of the status of the negotiations. The status report must identify any issues that have been settled, provide any timetable for completing the negotiations on which the parties have agreed, and indicate the date, if any, on which the party anticipates filing for arbitration. The parties may file a joint status report in lieu of a separate report from each party.

Statutory Authority:

MS s 216A.05; 237.10; 237.16

History:

22 SR 46

Published Electronically:

October 24, 2005