810 R.I. Code R. 810-RICR-20-00-1.6 - ARBITRATION

A. Any party may request arbitration at any time during the period from the 135^th to the 160^th days, inclusive, after the date on which the ILEC receives a request for negotiation. The following procedure shall be followed when a party petitions the Commission to arbitrate any unresolved issues under 47 U.S.C. § 252(b):

1. Arbitration may be performed by the Commission acting en banc; by delegating the task to a commissioner or a member of the staff; or by delegating the task to an outside arbitrator acceptable to both parties and the Commission. The Commission shall decide the form that arbitration will take, considering the desires of the parties and the nature of the disagreement.

2. The request for arbitration shall be in writing, stating the issue or issues to be arbitrated, with a synopsis of the position(s) of each party, and providing all relevant documentation on each issue. The request shall also state the other items in the negotiation, those upon which agreement has been reached, in full detail, with all relevant documentation. The request shall be served on other parties to the negotiation in accordance with the "Public Utilities Commission Rules of Practice and Procedure" no later than the day it is delivered to the Commission. The other parties shall have twenty-five calendar days to file a response with the Commission.

3. In performing an arbitration, the arbitrator shall be limited to resolving only those issues upon which arbitration has been requested.

4. Arbitrations will normally be conducted in private, though the parties may, with the concurrence of the arbitrator, invite observers.

5. The arbitrator may act formally or informally, without regard to procedural provisions elsewhere in our rules. With the consent of both parties, but not otherwise, the arbitrator may accept ex parte presentations from the parties, subject to the requirement that the existence and subject matter of the ex parte communication be made known to the opposing parties. The arbitrator may use any methods of dispute resolution that he or she finds appropriate to the circumstances.

6. Disputes over whether an issue is properly subject to the arbitration process shall be decided by the arbitrator before hearing evidence on the merits of the dispute. The arbitrator should presume arbitrability unless a clear and convincing case is made to the contrary by the non-petitioning party challenging procedural arbitrability. A non-petitioning party will be deemed to have waived the right to challenge procedural arbitrability if it fails to do so when responding to the petition pursuant to 47 U.S.C. § 252(b)(3).

7. All parties shall respond to requests for information in a timely manner, as determined by the arbitrator, who need not be bound by our rules of procedure, delivering the information requested in the form requested. If a party fails to provide the requested information in a timely manner, the arbitrator and the Commission may use the best information they can obtain from any source, without regard to rules of evidence. The arbitrator may also refer the matter to the Commission for consideration as a failure to negotiate in good faith.

8. The arbitrator shall make all findings and selected solutions in writing, in the form of a recommendation to the Commission. Notice of the arbitrator's recommended decision shall be served by the Clerk on the list of interested parties maintained by the Clerk.

9. The arbitrator's recommended order will be presented to the Commission so that review and approval can be completed no later than nine months from the date on which the LEC received the request for interconnection. Unless an extension of time is granted by the Commission, the recommended order shall be filed not later than eight months from the date on which the LEC received the request for interconnection.

10. Within fourteen days of the filing of the arbitrator's recommended decision, any interested party may submit comments to the Commission regarding the agreement or decision. The comments shall be limited to the criteria under 47 U.S.C. § 252(c). Any interested party filing comments shall, on or before the date of filing of such comments, serve a copy on the parties to the arbitration.

11. Within twenty-one days of the filing of the arbitrator's recommended decision, the parties to the arbitrated agreement may file a response to any comments filed. Such a response shall be served on or before the filing date in accordance with the "Public Utilities Commission Rules of Practice and Procedure".

Notes

810 R.I. Code R. 810-RICR-20-00-1.6