N.M. Admin. Code § 17.11.18.17

Current through Register Vol. 35, No. 23, December 10, 2024

Section 17.11.18.17 - NEGOTIATION OF INTERCONNECTION AGREEMENTS

Interconnecting LECs shall engage in good-faith negotiations and cooperative planning to achieve mutually agreeable interconnection arrangements pursuant to 47 U.S.C. Section 252 and the procedures set forth in this rule. An ILEC may negotiate and enter into a binding agreement for interconnection with a requesting LEC pursuant to 47 U.S.C. Section 252(a)(1), without regard to the requirements set forth in 17.11.18.8 NMAC through 17.11.18.16 NMAC.

A. Unless the negotiating parties establish a mutually agreeable date, negotiations shall be deemed to begin on the date an ILEC receives a request for interconnection from a LEC.

B. A request for interconnection shall:

(1) be in writing and be hand-delivered or sent by certified mail or facsimile;

(2) identify the initial specific issues to be resolved, the specific underlying facts and the requesting LEC's proposed resolution of each issue;

(3) include as appendices any other material necessary to support the request; and

(4) identify the person authorized to negotiate for the requesting LEC.

C. The requesting LEC may identify additional issues for negotiation without causing an alteration of the date on which negotiations are deemed to begin.

D. The ILEC from which interconnection is sought shall respond to the interconnection request no later than fourteen (14) business days from the date the request is received. The response shall:

(1) be in writing and be hand-delivered or sent by certified mail or facsimile;

(2) respond specifically to the requesting LEC's proposed resolution of each initial issue, identify the specific underlying facts upon which the response is based and, if the response is not in agreement with the requesting LEC's proposed resolution of each issue, state the responding LEC's proposed resolution of each issue;

(3) include as appendices any other material necessary to support the response; and

(4) identify the person authorized to negotiate for the responding LEC.

E. At any point during the negotiations required by this section, a LEC may request the commission to participate in the negotiations and mediate differences arising in the course of the negotiations.

N.M. Admin. Code § 17.11.18.17

17.11.18.17 NMAC - N, 1-1-01; A, 08-15-06