Section R14-2-1502. Definitions

A.      “Arbitration” means an alternative dispute resolution process in which the Arizona Corporation Commission decides the matter in dispute after the parties have had an opportunity to present their respective positions.

B.       “Arizona Corporation Commission” or “Commission” means the regulatory agency of the state of Arizona that has jurisdic- tion over public service corporations operating in Arizona.

C.      “Duty to Negotiate in Good Faith” means that parties meet and confer at reasonable times and places with minds open to per- suasion and with an eye toward reaching agreement on manda- tory subjects of bargaining.

D.      “Interconnection Agreement” means a formal agreement between any telecommunications carriers providing or intend- ing to provide telecommunications services in Arizona, setting forth the particular terms and conditions under which intercon- nection and resale services, as appropriate, will be provided.

E.       “Mediation” means a voluntary alternative dispute resolution process in which a neutral third party assists the parties in reaching their own settlement. The mediator does not have the power to impose a resolution. The role of the mediator and the goal of the process is to help the parties achieve their own res- olution.

F.       “Petition for arbitration” means the petition requesting arbitra- tion of issues unresolved in the negotiation of an interconnec- tion agreement.

G.      “Petitioner” means the party to the negotiation that files the petition for arbitration with the Commission.

H.      “Request for negotiation” means a formal request made by any telecommunications carrier providing or intending to provide telecommunications services in Arizona to another telecom- munications carrier to negotiate an interconnection agreement.

I.        “Respondent” or “responding party” means the nonpetitioning party to the request for arbitration.

Historical Note

Emergency rule adopted effective July 23, 1996, effective for a maximum of 180 days, under a court-ordered exemption as determined by the Arizona Corporation Commission; filed with the Office of the Secretary of State July 15, 1996 (Supp. 96-3). Emergency expired. Emergency rule adopted again effective January 17, 1997, for a maximum of 180 days, under a court-ordered exemption as determined by the Arizona Corporation Commission (Supp. 97-1). Emergency expired. New Sec- tion adopted effective August 27, 1997, under an exemp- tion as determined by the Arizona Corporation Commission (Supp. 97-3).

Note

Editor’s Note: The Arizona Corporation Commission has determined that the following Section is exempt from the Attorney General approval provisions of the Arizona Administrative Proce- dure Act (A.R.S. § 41-1041) by a court order (State ex. rel. Corbin

v. Arizona Corporation Commission, 174 Ariz. 216 848 P.2d 301 (App. 1992)).