Title 3 . Commerce, Community, and Economic Development

Chapter 53 . Telecommunications

Section 180. Alternative dispute resolution procedures for telecommunications carrier disputes

3 AAC 53.180. Alternative dispute resolution procedures for telecommunications carrier disputes

(a) Except for a dispute over an initial interconnection agreement filed under 47 U.S.C. 252 (Telecommunications Act of 1996), a telecommunications carrier may submit any dispute with another telecommunications carrier to the commission for resolution under this section. A carrier may not file a dispute for resolution under this section unless it has attempted negotiations with the disputing carrier for at least seven days before the dispute is filed.

(b) To request a proceeding under this section, a carrier must file a petition with the commission and serve it on the carrier with which it has the dispute. The petition must contain

(1) a detailed description of the dispute;

(2) a specific statement of the remedy the petitioner seeks;

(3) all documents in the petitioner's possession that are relevant to the issues raised in the petition; and

(4) a statement that the petitioner has negotiated in good faith for at least seven days with the carrier with which it has the dispute.

(c) If the carrier that is the subject of the dispute opposes resolution under this section, the carrier shall file its opposition within three days after the date the petition is served on that carrier.

(d) If the commission determines that the matter should be resolved under this section, the commission will appoint a hearing examiner, administrative law judge, mediator, or arbitrator to resolve the disputed issues. The hearing examiner, administrative law judge, mediator, or arbitrator

(1) may establish procedures for a written answer to the petition;

(2) shall establish procedures and schedules necessary to resolve the dispute, including discovery as the hearing examiner, administrative law judge, mediator, or arbitrator determines necessary;

(3) shall schedule a hearing, mediation, or arbitration for a time and place convenient to all interested parties;

(4) shall hear all relevant evidence;

(5) shall record any testimony presented;

(6) shall issue a proposed decision within 30 days after the record is closed; and

(7) shall specify a period within which the parties may file objections to the proposed decision.

(e) Within 30 days after the deadline for objections to the proposed decision, the commission will issue its decision unless it extends the time for good cause. The commission may accept or reject the proposed decision or may require additional proceedings.

(f) If a novel or unsettled issue of law or policy arises or if a decision by the commission will simplify or shorten the proceeding, the hearing examiner, administrative law judge, mediator, or arbitrator may certify a question to the commission at any time during a proceeding under this section. The hearing examiner, administrative law judge, mediator, or arbitrator shall deliver to each party a copy of the question certified and shall set a schedule for briefing the question. The commission may decide the question or decline to consider it. If the commission does not act within 10 days after the last brief is filed, the question is considered to have been declined unless the commission extends the time for good cause.

(g) If the commission determines that the matter is not to be resolved under this section, the commission will establish alternative procedures to resolve the dispute.

History: Eff. 9/1/2002, Register 163

Authority: AS 42.04.050

AS 42.04.070

AS 42.05.141

AS 42.05.151

AS 42.05.171

AS 42.05.311

AS 42.05.321

AS 42.05.810

Editor's note: A copy of 47 U.S.C. 252, as referenced in 3 AAC 53.180(a) , is available for inspection at the office of the Regulatory Commission of Alaska, 701 West Eighth Avenue, Suite 300, Anchorage, Alaska 99501. A copy may also be obtained from the Federal Communications Commission, 445 12th Street S.W., Washington, D.C. 20554.