Section R14-2-1506. Filing and Service of Request for Approval of Interconnection Agreement

A.      An interconnection agreement shall be submitted to the Com- mission for approval under 47 U.S.C. 252(e) within 30 calen- dar days of the issuance of the Commission’s final decision on the petition for arbitration, in the case of arbitrated agree- ments, or, in the case of negotiated agreements, within 30 cal- endar days of the execution of the agreement. The 30-day deadline may be extended by the Commission for good cause.

B.       An original and 10 copies of requests for approval shall be filed with the Docket Control section of the Commission. Any party to the agreement may submit a request for approval. Unless filed jointly by all parties, the request for approval and any accompanying materials should be served on the other sig- natories on the day of the filing.

C.      A request for approval shall include the documentation set out in this subsection. The materials can be filed jointly or sepa- rately by the parties to the agreement but should all be filed by the 30-day deadline set out in subsection (A).

1.        Negotiated Agreements. The following documentation must be filed:

a.         A complete copy of the signed agreement, including any attachments or appendices.

b.        A brief or memorandum summarizing the main pro- visions of the agreement, setting forth the party’s position as to why the agreement should be adopted, including a statement as to why the agreement does not discriminate against nonparty telecommunica- tions carriers, is consistent with the public interest, convenience, and necessity, and is consistent with applicable state law requirements.

2.        Arbitrated Agreements. The following documentation must be filed:

a.         A complete copy of the signed agreement, including any attachments or appendices.

b.        A brief or memorandum summarizing the main pro- visions of the agreement, setting forth the party’s position as to why the agreement should or should not be adopted, in whole or in part, and a statement explaining how the agreement, in whole or in part, meets or does not meet each of the applicable spe- cific requirements of 47 U.S.C. 251, including any applicable Federal Communications Commission regulations.

c.         Complete and specific information to enable the Commission to make the determinations required by 47 U.S.C. 252(d).

d.        A party may file a statement with the signed inter- connection agreement, indicating that it  has exe- cuted the agreement under protest and does not waive its right to appeal specified provisions of the agreement that were mandated by Order of the Com- mission.

3.        Combination Agreements (Arbitrated/Negotiated). Any agreement containing both arbitrated and negotiated pro- visions shall include the foregoing materials as appropri- ate, depending on whether a provision is negotiated or arbitrated. The memorandum should clearly identify which provisions were negotiated and which were arbi- trated.

D.      Any filing not containing the required materials will be rejected and must be refiled when complete. The statutory timelines will not begin to run until a request has been prop- erly filed.

Corporation Commission – Fixed Utilities

E.       Agreements containing both arbitrated and negotiated provi- sions will be subject to the 30-day deadline specified in 47

U.S.C. 252(e)(4).

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)).