5.1 An agreement (including any attachments and appendices) between carriers concerning the terms and conditions set out in 47 U.S.C. § 251 shall be filed with the Commission for review, within thirty days after the consummation of such agreement in cases of a negotiated agreement under 47 U.S.C. § 252(a), or within thirty days after the filing of an arbitrator's award in cases of an agreement subject to arbitration under 47 U.S.C. § 252(b). The Commission may extend the time for good cause. On the same day of filing, a copy of the agreement (including any attachments and appendices) shall be served upon the Public Advocate. The filing obligation shall be the requirement of all carriers and parties to the agreement. 5.1.1 Negotiated Agreements under 47 U.S.C. § 252(a)5.1.1.1 If carriers have adopted an agreement by negotiation under 47 U.S.C. § 251(a), the carriers shall, at the time of filing of the agreement, file and serve on the Public Advocate statements setting forth the reasons why the Commission should not reject the agreement under the standards in 47 U.S.C. § 252(e)(2)(A) and the reasons why the agreement is consistent with applicable state laws and regulations. Such statements shall be accompanied by any relevant supporting documents and materials.5.1.1.2 Within ten days after the filing of the agreement, the Commission shall provide notice of the filing of the agreement. Such notice shall indicate that any person may file with the Commission and serve upon the submitting carriers by a date certain, twenty days after publication of the notice, comments (with supporting documentation) concerning approval or rejection of the agreement. Such notice shall be posted on the Commission's Internet website to be accessed through a home page heading entitled "Public Notices of Telecommunications Interconnection Agreements Submitted for Approval." The notice to the submitted agreement shall be maintained on the Commission's website for thirty days. The Commission Staff, at its discretion, may direct the submitted carriers to disseminate such notice by other, additional means, such as by newspaper publication or by direct transmission, by facsimile, courier, or mail, to particular entities or persons.5.1.1.3 During the comment period, any person, the Public Advocate, and the Commission Staff may serve and file written comments, accompanied with supporting documentation. The submitting carriers may file and serve responses to any written comments within seven days after the close of the comment period.5.1.1.4 After the date for the submission of comments and responses, the Executive Director shall determine whether the review process should be conducted by the Commission directly or after initial proceedings by a designee. The Commission, or its designee, shall, at least fifteen days in advance, notify the submitting carriers, the Public Advocate, and all persons who have submitted written comments of the date, time, and place for a proceeding to consider approval or rejection of the agreement. At such proceeding, the Commission, or its designee, may hear argument from the carriers, the Public Advocate, the Commission Staff, and any person who submitted written comments. The Commission or its designee may, in its discretion, also hear evidence from any of such participants at such proceeding if the Commission, or its designee, has given at least seven days notice of its intent to do so.5.1.1.5 If the proceeding is initially held by a designee, that designee shall file and serve upon the participants recommended findings and decision. Within seven days after the filing of such recommended findings and decision, any participant at the proceeding may file comments in opposition or in support of the recommendation.5.1.1.6 Within ninety days after the submission of the agreement, the Commission shall issue an order approving or rejecting the agreement or portions of the agreement. If the order rejects the agreement or portions thereof, the order shall set forth the deficiencies found. The carriers to the agreement may, within thirty days after a rejection of the agreement, submit a revised agreement for approval which purportedly corrects the cited deficiencies. After giving notice and an opportunity to comment to all the prior participants, the Commission may approve or reject the re-submitted agreement.5.1.1.7 If the Commission approves an agreement, such agreement shall be made available for public inspection and copying ten days after approval.Interpretation. These guidelines require all agreements to be filed within thirty days after they are finalized, either by execution or by entry of an arbitration order. The carriers who have reached a negotiated agreement must also file a memorandum supporting its approval. The subsequent notice will simply inform the public that such an agreement has been tendered, may be inspected, and may be commented upon. Because an approved agreement is required to be made public under 47 U.S.C. § 252(h), the Commission believes that an agreement offered for approval is also available to the public. Interested persons can then file comments with the Commission. Moreover, because under 47 U.S.C. § 252(a), this type of agreement need not meet the particular standards set forth in 47 U.S.C. § 251, the comment period is short and there will generally be no need for complex technical hearings. If an evidentiary hearing is needed, the carriers, Commission Staff, the Public Advocate, and other commenting persons must be alerted to that fact and given time to prepare for the hearing. However, the Commission retains the authority to approve or reject the agreement based solely on the paper record which may be established. The guidelines also recognize that the Commission may wish to have the review process, in some instances, to be initially undertaken by a Hearing Examiner. The determination whether to proceed initially before a Hearing Examiner is delegated to the Executive Director. If that Hearing Examiner procedure is chosen, the guidelines provide for a hearing and exception procedure modeled after present practice, but with shortened time periods.
If the Commission rejects an agreement, the carriers will have thirty days to submit a corrected agreement. In this second round, only those persons who participated in the original proceeding need be notified and given an opportunity to comment. After receiving those comments, the Commission may then act without further protracted proceedings.
In all cases, the participants must be aware that the Commission must enter an order approving or rejecting the agreement within ninety days after its submission. All hearings, whether conducted by a designee or the Commission itself, must be scheduled to accommodate that deadline.
5.1.2 Agreements Arbitrated Under 47 U.S.C. § 252(b)5.1.2.1 If an agreement has been adopted by arbitration under 47 U.S.C. § 252(b), one, or both, of the carriers shall, at the time of filing of the agreement, file a statement setting forth: (1) the carrier's position as to whether the agreement should be adopted, rejected, or modified;(2) the reasons why the agreement should not be rejected under the standards in 47 U.S.C. § 252(e)(2); and(3) the reasons why the agreement is consistent with applicable state laws and regulations. Such statements shall be accompanied by any relevant supporting documents and materials.5.1.2.2 On the same day of the filing of the agreement, the carriers shall give notice of the filing of the agreement. Such notice shall inform interested parties that they may file with the Commission written comments accompanied with supporting documentation concerning the agreement within ten days after the date of the public notice. The notice shall also include the date, time, and place, when the Commission will conduct a public proceeding to approve or reject the tendered agreement. Such notice shall be:(1) published in a newspaper of state-wide circulation; and (2) sent by facsimile and United States mail to each other entity that then holds a Certificate of Public Convenience and Necessity to provide local exchange telecommunications service in Delaware. In addition, on the same date, the Commission shall post the notice on the Commission's Internet website to be accessed through a heading on the home page entitled "Public Notices of Telecommunications Interconnection Agreements Submitted for Approval." The notice for the agreement shall be maintained on the Commission's website for twenty days.5.1.2.3 During the comment period, any person, the Public Advocate, and the Commission Staff may serve and file written comments, accompanied with supporting documentation. The submitting carriers may file and serve responses to any written comments within five days after the close of the comment period.5.1.2.4 At any proceeding held to approve or reject the agreement, the Commission may hear argument and, in its discretion, receive evidence concerning approval or rejection of the agreement. The Commission Staff may participate in such proceeding as to all portions of the agreement. The Commission, in making its determination, may also rely upon any information, data, documents, or material submitted during arbitration.5.1.2.5 Within thirty days after the submission of the agreement, the Commission shall issue an order approving or rejecting the agreement or portions thereof. If the order rejects the agreement or portions thereof, the order shall set forth the deficiencies found. The carriers may, within thirty days after a rejection of the agreement, submit a revised agreement for approval which purportedly corrects the cited deficiencies. After giving notice and an opportunity to comment to all the prior participants, the Commission may approve or reject the re-submitted agreement.5.1.2.6 If the Commission approves an agreement, such agreement shall be made available for public inspection and copying ten days after the approval.Interpretation. Again, these guidelines contemplate notice to be given when two carriers submit for approval an agreement which has been subject to arbitration. However, given the short time frame, the notice will also give notice of the date the Commission will consider the matter. Thus, the submitting carrier must, prior to filing the agreement, give notice to the Commission and obtain a date for a scheduled proceeding. This date will then be reflected in the notice. The comment period is also shortened. With the limited time frames and given the history of arbitration by the Commission presumably on the most difficult issues, the Commission will most likely proceed simply on the written record. In this process, the Commission Staff may present its views on any portion of the agreement including the issues which were not arbitrated. In reviewing the arbitrated issues, the Commission may rely upon those materials in reviewing the agreement. Again, if the agreement is rejected, the parties will have thirty days to submit a "corrected" agreement which then may be approved with a round of comments from the prior parties but without further protracted proceedings.
5.1.3 Statement of Terms and Conditions Under 47 U.S.C. § 252(f)5.1.3.1 If Bell Atlantic-Delaware, Inc. ("BA-Del"), chooses to file with the Commission a statement of the terms and conditions under 47 U.S.C. § 252(f)(1), it shall, on the same day of filing, serve a copy of the statement on the Public Advocate. With the filing, BA-Del shall also file with the Commission and serve on the Public Advocate a memorandum setting forth the reasons why the Commission should approve the statement, why the terms and conditions comply with 47 U.S.C. §§ 251, 252(d), and implementing federal regulations, and why the terms and conditions are consistent with applicable state laws and regulations. BA-Del may also support any relevant supporting documentation.5.1.3.2 On the date of filing of its statement, BA-Del shall give notice of its filing. Such notice shall indicate that any person may file comments concerning the tendered statement with the Commission no later than twenty days after publication of the notice. Such notice shall be:(1) published in a newspaper of state-wide circulation;(2) sent by facsimile and United States mail to each participant on the service list in Regulation Docket No. 45; and(3) sent by facsimile and United States mail to each other entity that then holds a Certificate of Public Convenience and Necessity to provide local exchange telecommunications service.5.1.3.3. During the comment period, any person, the Public Advocate, and the Commission Staff may serve and file written comments, accompanied with supporting documentation. BA-Del may file and serve responses to any written comments within seven days after the close of the comment period.5.1.3.4 After the date for the submission of comments and responses, the Executive Director of the Commission shall determine whether the review process should be conducted by the Commission directly or after initial proceedings by a designee. The Commission, or its designee, shall give notice, at least ten days in advance, to BA-Del, the Public Advocate, and all persons who have submitted written comments of the date, time, and place for a proceeding to consider approval or rejection of such statement. At such proceeding, the Commission, or its designee, may receive argument and may, in its discretion, receive evidence concerning approval or rejection of the statement.5.1.3.5 If the proceeding is held by a designee, that designee shall file and serve upon the participants recommended findings and decision. Within seven days after the filing of such recommended findings and decision, any participant at the proceeding may file comments in opposition or in support of the recommendation.5.1.3.6 Within sixty days after the submission of the statement (unless the time is extended by the Commission), the Commission shall issue an order approving or disapproving the statement of terms and conditions, or any portion thereof. If the order disapproves the statement or any portion thereof, the order shall set forth the deficiencies found. Within 30 days after a rejection of the agreement, BA-Del may submit a revised statement for approval which purportedly corrects the cited deficiencies. After giving notice and an opportunity to comment to the prior participants, the Commission may then approve or reject the re-submitted statement.5.1.3.7 If the Commission approves a statement, such statement shall be made available for public inspection and copying 10 days after the approval.Interpretation. Under 47 U.S.C. § 252(f), Bell Atlantic-Delaware may submit a statement of generally available terms and conditions to comply with the conditions imposed by section 251. The guidelines require Bell Atlantic-Delaware to give notice of such submission, and allow interested persons to comment. Afterwards, the Executive Director shall determine whether the matter should be heard directly by the Commission or initially by a Hearing Examiner. The Commission, or the Examiner, may then determine what type of proceeding is necessary before acting to approve or disapprove the terms and conditions set forth in the statement. Since the statement has attributes of a tariff, and will be submitted without any prior review by any competing carrier, the Commission, or the examiner, may believe that the filing should be subject to more traditional fact-finding proceedings, including discovery, and cross-examination. However, given the shortened time frames, the Commission will expect expedited participation by any party. In addition, the guideline recognizes that, absent Bell Atlantic-Delaware's concurrence, the statement will go into effect at the end of sixty days but that the Commission may still reject the agreement afterwards. 47 U.S.C. § 252(f)(3), (4). Thus, the guidelines allow the Commission to extend the time for its decision even if the Commission cannot unilaterally extend its effective date. The Commission shall assess the carriers to an agreement, equally, for the costs of reviewing such negotiated agreements, whether arbitrated or not. For statements of terms and conditions, the Commission shall assess BA-Del for the costs of the reviewing its statement.
For purposes of these guidelines, notices and documents may be filed and served by facsimile transmission. A certificate reflecting how service was made shall be filed with the Commission within a reasonable time after service.
When documents are required to be filed or submitted during arbitration, five copies shall be filed or submitted and at least one copy served on each participant. For all other materials required to be filed with the Commission, twelve copies shall be filed or submitted, and at least one copy served on each other participant.
The Commission reserves the right to waive or modify, for good cause, the application of any of the above guidelines, including any time deadline not imposed by law.
26 Del. Admin. Code § 4000-5.0