26 Del. Admin. Code § 4000-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4000-3.0 - Mediation

3.1 At any point during a negotiation, a telecommunications carrier involved in a negotiation may request the Commission to participate as mediator under 47 U.S.C. § 252(a)(2). To do so, the carrier shall file with the Commission, and serve upon the other telecommunications carrier, a Request for Mediation. Such Request shall include:

3.1.1 the name and address of the requesting carrier;

3.1.2 the name and address of the other carriers in the negotiation;

3.1.3 the name, address, and voice and facsimile telephone numbers for the representatives for each carrier in the negotiations;

3.1.4 a history of the negotiations, including the times and locations of any prior meetings;

3.1.5 a description of those issues which remain in dispute between the carriers; and

3.1.6 a description of any agreements, actual or tentative, already reached on any issue.

3.1.6.1 Such Request for Mediation shall not be deemed a public record.

3.2 Within ten days after the filing of a request for mediation, the Executive Director of the Commission shall appoint one or more persons to act as a mediator for the negotiation. The mediator may be a member of the Commission Staff or any other competent, disinterested person specifically retained for such position. Unless excused by the Commission or Executive Director, the mediator shall participate in the negotiations until such negotiations terminate.

3.3 The mediator shall have discretion to regulate the course of the mediation. In so doing, the mediator may:

(1) meet individually with each carrier;

(2) require the carriers to exchange and submit statements of position prior to any mediation session;

(3) direct the carriers to attend mediation conferences;

(4) require the carriers to provide supporting information to each other or the mediator; and

(5) assist in the preparation of any written agreement.

3.4 Because mediation is part of the negotiation between the carriers, the mediator shall not disclose information relating to the mediation, except upon the agreement of the participating carriers. The mediator may, however, inform the Commission of the progress of the mediation efforts.

3.5 The Commission shall assess the carriers in the negotiation equally for the costs of mediation.

Interpretation. The federal Act empowers one or both negotiating carriers to invoke mediation by the Commission. The guideline requires a notice of such a request to include a description of the matters which have been resolved and those that remain in dispute between the carriers. This disclosure will help the Executive Director to choose an appropriate mediator - one with some background knowledge into the contentious areas. The Executive Director may also hire outside persons, skilled in either mediation techniques or in a particular area of telecommunications, to act as a mediator. The mediator will determine how mediation should precede and will continue such efforts, unless earlier relieved, until the time an agreement is reached or until the arbitration process is invoked and negotiations end. No representation made by a mediator is binding upon the Commission.

Because the mediation seeks to assist the negotiation process, the mediator may not disclose, except with the consent of the parties, information regarding the status, course, or direction of the negotiations or mediation. However, the mediator may keep the Commission apprised, in general terms, of the progress of the mediation efforts. In a similar vein, the mediator may not disclose, except upon consent, information learned, or documents received, during the mediation process.

26 Del. Admin. Code § 4000-3.0