Wash. Admin. Code § 480-07-640 - Telecommunications companies-Review and approval of interconnection agreements under the Telecommunications Act of 1996

(1) Scope. This rule implements the commission review and approval process provisions of 47 U.S.C. Sec. 252.

(2) Commission review and approval of agreements.

(a) Filing and service of agreements.

(i) Negotiated agreements. Parties to a negotiated interconnection agreement must file a complete, signed copy of their agreement to the commission for approval under 47 U.S.C. Sec. 252(e) within thirty days after they sign the agreement. The parties must include any appendices or attachments to the agreement. The request for approval must summarize the agreement's main provisions and must affirm that the agreement does not discriminate against nonparty carriers, is consistent with state and federal law, and is in the public interest. The commission will reject a request for approval that does not include all of the information required in this section but will allow it to be refiled when complete. The timelines established for commission review of requests for approval under 47 U.S.C. Sec. 252 do not begin until a complete request is properly filed.

(ii) Arbitrated agreements-Petition for review; response. Any party may petition for commission review of an arbitrator's report and decision within thirty days after the commission issues the arbitrator's report, or at such other time as is established by notice or order. Other parties to the arbitration proceeding may file a response within ten days after the petitioner serves the petition, or at such other time as the commission establishes by notice or order. Both petition and response must be in the form of a brief of the issues and must address all legal and factual bases in support of the parties' respective arguments that the commission should or should not modify the arbitrator's report and decision.

(iii) Arbitrated agreements-Request for approval. The parties must also file, on the date established for responding to any petition for review, their request for approval of an arbitrated interconnection agreement and a complete, signed copy of their interconnection agreement including all negotiated terms, all terms requested under 47 U.S.C. Sec. 252(i), and all terms drafted to implement the arbitrator's report and decision. Arbitrated terms must be in bold font style and identify by footnote the arbitrated issue that relates to the text. Any appendices or attachments to the agreement must be included. The request for approval must summarize the agreement's main provisions and must affirm that the agreement does not discriminate against nonparty carriers, is consistent with state and federal law, and is in the public interest. The commission will reject a request for approval that does not include all of the information required in this section but will allow the parties to refile the request when it is complete. The timelines established for commission review of requests for approval do not begin until the parties file a complete request.

(iv) Adopted agreements. If a company adopts an interconnection agreement in its entirety that the commission has previously approved, the parties to the adopted agreement must notify the commission of the adoption within thirty days after they sign the adopted agreement. The commission will include the adopted agreement on the no-action portion of a regularly scheduled open meeting agenda. In the absence of an objection, the commission will allow the agreement to become effective according to its terms.

(b) Commission consideration of requests for approval and petitions for review.

(i) Negotiated agreements. The commission delegates authority to the commission secretary to approve or reject a fully negotiated interconnection agreement. The commission will approve or reject a fully negotiated agreement within ninety days after the date on which the parties file the agreement and request for approval.

(ii) Arbitrated agreements. The commission will consider any petition for review of an arbitrator's report and decision using the same procedures in WAC 480-07-825 for review of an initial order. The commission will enter an order approving or rejecting a partially or fully arbitrated agreement within thirty days after the parties file the agreement and request for approval.

Notes

Wash. Admin. Code § 480-07-640

Amended by WSR 18-18-041, Filed 8/29/2018, effective 9/29/2018

Statutory Authority: RCW 80.01.040 and 80.04.160. 03-24-028 (General Order R-510, Docket No. A-010648), § 480-07-640, filed 11/24/03, effective 1/1/04.