W. Va. Code R. § 150-6-15

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-6-15 - Interconnection

15.1. General Requirements.

a. All local exchange carriers shall:

1. Not prohibit, nor impose unreasonable or unduly discriminatory conditions or limitations on the resale of the carrier's telecommunications services.

2. Provide, to the extent technically feasible, number portability consistent with national standards and with requirements prescribed by the Commission, which shall include the establishment of fair and equitable number portability cost recovery mechanisms.

3. Provide dialing parity to competing local exchange carriers and providers of toll telephone service.

4. Permit all competing local exchange carriers and providers of toll telephone service to have nondiscriminatory access to telephone numbers, operator service, Directory assistance and Directory listings, with no unreasonable dialing delays.

5. Afford competing providers of telecommunications services reasonable access to the poles, ducts, conduits and rights-of-way of such local exchange carrier, on rates, terms and conditions that are consistent with federal requirements.

6. Establish reciprocal compensation arrangements for the transport and termination of local telecommunications traffic.

7. Comply with all applicable Commission rules and regulations regarding the provision of Directory assistance service.

8. Not provide intrastate service to any interexchange carrier or any local exchange carrier until after the interexchange carrier or local exchange carrier provides information demonstrating that such carrier is properly certificated by the Commission to provide such telecommunications service.

15.2. Additional Requirements for Incumbent Local Exchange Carriers.

Subject to the requirements contained in '150CSR6-15.5.c., all incumbent local exchange carriers shall comply with the requirements set forth in this subsection.

a. Each incumbent local exchange carrier shall provide for interconnection between the facilities and equipment of any requesting telecommunications carrier and the incumbent's network:

1. For the transmission and routing of telephone exchange service and exchange access;

2. At any technically feasible point within the incumbent's network;

3. That is at least equal in quality to that provided by the incumbent to itself or to any subsidiary, affiliate, or any other party to which the incumbent provides interconnection; and

4. On rates, terms, and conditions that are just, reasonable, and nondiscriminatory, in accordance with the terms and conditions of the carriers' interconnection agreement and the requirements of '150CSR6-15.2. and 15.4.a.

b. Each incumbent local exchange carrier shall provide, to any requesting telecommunications carrier, nondiscriminatory access to network elements on an unbundled basis, at any technically feasible point, on rates, terms and conditions that are just, reasonable, and nondiscriminatory, in accordance with the terms and conditions of the carriers' interconnection agreement and the requirements of '150CSR6-15.2. and 15.4.a. To the extent allowed by Commission order or federal law, an incumbent local exchange carrier shall provide such unbundled network elements in a manner that allows requesting carriers to combine such elements in order to provide telecommunications service.

c. Each incumbent local exchange carrier shall offer for resale, at wholesale rates, any telecommunications service that the incumbent provides, at retail, to subscribers who are not telecommunications carriers. Each incumbent local exchange carrier shall not prohibit, nor impose unreasonable or discriminatory conditions or limitations on, the resale of such telecommunications service: Provided, however, that the incumbent may prohibit a reseller that obtains at wholesale rates a telecommunications service that is available at retail only to a category of subscribers from offering such service to a different category of subscribers.

d. Each incumbent local exchange carrier shall provide reasonable public notice of changes in the information necessary for the transmission and routing of services using that incumbent's facilities or networks, as well as of any other changes that would affect the interoperability of those facilities or networks.

e. Each incumbent local exchange carrier shall provide, on rates, terms, and conditions that are just, reasonable, and nondiscriminatory, for physical collocation of equipment necessary for interconnection or access to unbundled network elements at the premises of the incumbent. Provided, however, that the incumbent may provide for virtual collocation where the incumbent demonstrates to the Commission that physical collocation is not practical for technical reasons or because of space limitations.

15.3. Good Faith Negotiations.

a. Any telecommunications carrier may request interconnection with an incumbent local exchange carrier in accordance with Sections 251(b) and 251(c) of the Telecommunications Act of 1996. A telecommunications carrier requesting interconnection with an incumbent local exchange carrier must have first obtained, or applied for, a certificate of public convenience and necessity to provide local exchange telecommunications services within the state, pursuant to '150CSR6-14.1.: Provided, that such a certificate is required by the Commission.

b. Within fifteen (15) days after receipt of a bona fide request from a telecommunications carrier, the incumbent local exchange carrier and the requesting carrier shall enter into good faith negotiations seeking to establish the reasonable rates, terms and conditions for such interconnection.

c. Any agreement reached between an incumbent local exchange carrier and a requesting carrier shall not unreasonably discriminate against a similarly situated telecommunications carrier not a party to the agreement, and such agreement shall be based on rates, terms and conditions that are just and reasonable.

d. The negotiating parties shall follow the procedures set forth in '150CSR6-15.4.a. In the event that the parties are unable to negotiate rates, terms and conditions for interconnection, either party may seek compulsory arbitration by the Commission by filing a petition that complies with the requirements of '150CSR6-15.5.

e. Nothing in this subsection shall preclude the modification of the requirements contained in this subsection upon mutual agreement of the negotiating parties.

15.4. Procedures for Negotiations.

a. The refusal of any carrier to participate further in the negotiation of an interconnection agreement, or to continue to negotiate in good faith in the presence, or with the assistance, of the Commission, shall be considered to constitute a failure to negotiate in good faith.

1. Any party negotiating an interconnection agreement under this subsection may, at any point in the negotiations, ask the Commission to participate in the negotiations and to mediate any differences arising in the course of negotiations.

2. Within thirty (30) days after the completion of negotiations, the negotiating parties shall file with the Commission a schedule of itemized charges and conditions for the service, setting forth the facilities or functions provided for under the agreement.

b. A bona fide request for the resale of an incumbent local exchange carrier's services shall include the following information:

1. A description of the services or network features the requesting telecommunications carrier wishes to use.

2. A description of the geographic coverage areas in which the services are to be accessible or are to provide access.

3. A description of the switching locations involved.

c. A bona fide request for unbundled network elements shall include the following information:

1. A description of the technical and functional characteristics of the requested elements.

2. A description of the geographic coverage areas in which the elements are to be accessible or are to provide access.

3. A description of the desired serving addresses, switching locations and NXX codes involved.

d. Once the informational obligations have been met, the incumbent local exchange carrier shall provide a written response to the requesting telecommunications carrier, within thirty (30) days, as to whether or not the request will be met, or whether and what further information is needed to respond to the request. If further information is needed, the requesting telecommunications carrier is entitled to refuse to provide any information that it considers competitively sensitive.

15.5. Procedures for Compulsory Arbitration.

a. The Commission shall establish the rates, terms and conditions of interconnection between an incumbent local exchange carrier and a requesting telecommunications carrier only upon the filing of a petition requesting arbitration under this subsection.

b. A petition filed pursuant to this subsection shall be filed by one of the negotiating parties no sooner than the 135th day, and no later than the 160th day, inclusive, after the date the incumbent received the bona fide request described in '150CSR6-15.2. and 15.4.

c. In resolving by arbitration any open issues and imposing conditions upon the parties to the agreement, the Commission shall:

1. Establish any rates for interconnection, services, or unbundled network elements according to the pricing standards contained in this subsection.

2. Provide a schedule for implementation of the terms and conditions by the parties to the agreement.

d. Determinations by the Commission of the just and reasonable rates for interconnection, services, or unbundled network elements:

1. Shall be based on a cost methodology consistent with the Telecommunications Act of 1996 and any applicable Federal Communications Commission regulations promulgated thereunder;

2. Shall be nondiscriminatory; and

3. May include a reasonable profit.

e. Determinations by the Commission for the transport and termination of local telecommunications traffic shall not consider the terms and conditions for reciprocal compensation to be just and reasonable unless:

1. Such terms and conditions provide for the mutual and reciprocal recovery by each party to the agreement of costs associated with the transport and termination on each carrier's network facilities of calls that originate on the network facilities of the other carrier.

2. Such terms and conditions determine such costs on the basis of a reasonable approximation of the additional costs of terminating such calls.

3. These standards shall not be construed:

A. To preclude arrangements that afford the mutual recovery of costs through the offsetting of reciprocal obligations, including arrangements that waive mutual recovery (such as bill-and-keep arrangements); or

B. To prevent the Commission from engaging in any rate regulation proceeding to establish, with particularity, the additional costs of transporting or terminating calls, or to require carriers to maintain records with respect to the additional costs of such calls.

f. Determinations by the Commission for wholesale prices for resold services shall be based on the retail rates charged to subscribers for the telecommunications service requested, excluding the portion thereof attributable to any marketing, billing, collection, and other costs that will be avoided by the incumbent local exchange carrier.

g. A petition for compulsory arbitration filed with the Commission must comply with the requirements of this subdivision. Each petition shall include each of the following:

1. The names, addresses, telephone and telefacsimile numbers, and email addresses of the representatives of the parties involved in the negotiations.

2. A definitive list of the open issues for which arbitration is requested.

3. The positions of each of the parties to the negotiations with respect to those issues submitted for arbitration.

4. A demonstration by the petitioning telecommunications carrier, based on the specific facts and circumstances, that:

A. The negotiations entered into were not conducted in good faith;

B. The rates, terms and conditions upon which the desired interconnection arrangement was offered or requested were unjust, unreasonable or unreasonably discriminated against telecommunications carriers not party to the agreement;

C. The interconnection sought was or was not technically and economically feasible; or

D. Any other demonstration that refusal to offer the requested interconnection would or would not serve the public interest.

5. A certification made by an authorized representative or officer of the petitioning telecommunications carrier that the allegations set forth within the petition are true and accurate to the best of that person's knowledge and belief.

6. A certification that the petition was served upon all other parties to the negotiations and is otherwise in compliance with the Commission's rules for service of papers upon parties.

h. Response to Petition.

1. Within twenty-five (25) days of the filing of a petition pursuant to '150CSR6-15.5.g., the non-petitioning parties to the negotiations may file a response admitting or denying, in whole or part, the allegations set forth in the petition.

2. The response may include affirmative demonstrations that the allegations set forth in the petition are in error, or that a finding in favor or the petitioner would not serve the public interest.

3. The response shall include a certification, made by an authorized representative or officer of the responding telecommunications carrier, that the information set forth within the response is true and accurate to the best of that person's knowledge and belief.

4. The response shall also include a certification that the response was served upon all other parties to the negotiations and is otherwise in compliance with the Commission's rules for service of papers upon parties.

i. Commission Action on Petitions for Arbitration.

1. The Commission shall limit its consideration of any petition and of any response to the issues set forth in the petition and in any response to that petition.

2. The Commission may require any party to provide additional information related to the issues raised by the petition or any response. The Commission may institute reasonable procedures in order to develop the record necessary to resolve the petition. The Commission shall make every effort to utilize procedures that minimize the imposition of economic and administrative burdens on the parties and the Commission.

3. The Commission shall resolve each issue set forth in the petition and any response, by imposing appropriate conditions, as required to implement '150CSR6-15.5.d., upon the parties to the agreement, and shall conclude the resolution of any unresolved issues not later than nine (9) months after the date on which the incumbent local exchange carrier received the request under this section.

j. Rights of Third Persons.

1. The rights of third persons to intervene in arbitration proceedings before the Commission under this subsection shall be limited.

2. Only the Consumer Advocate Division of the Commission shall be entitled to intervene in such arbitration proceedings, provided that an appropriate petition to intervene is filed no later than fourteen (14) days following the date the petition requesting Commission arbitration was filed.

3. Commission Staff shall be considered a party to any compulsory arbitration proceeding.

4. Third persons may petition the Commission to be allowed to participate, on a limited basis, in a compulsory arbitration proceeding. Such petition shall be filed with the Commission no later than fourteen (14) days following the date the petition requesting Commission arbitration was filed. Such petition shall state with specificity the grounds upon which limited participation is sought. If the Commission grants a petition to participate, such participation shall be limited as follows:

A. The petitioner shall not present pre-filed testimony.

B. The petitioner shall not present any witnesses.

C. The petitioner shall not conduct cross-examination of witnesses presented by the parties.

D. The petitioner may file pre-hearing and post-hearing statements regarding the parties' positions and the parties' compliance with Section 251 of the Telecommunications Act of 1996 or, in the event the parties waive a hearing, the petitioner may file such statements on the dates established by the Commission for the parties to pre-file testimony.

E. The petitioner shall not file exceptions or petitions for reconsideration of the Commission's decision.

k. Approval of Agreements.

1. Any interconnection agreement adopted by negotiation or arbitration shall be submitted to the Commission for approval. The Commission shall approve or reject the agreement, with written findings as to any deficiencies.

2. The Commission may only reject an agreement, or any portion thereof, adopted by negotiation if the Commission finds that:

A. The agreement, or portion thereof, discriminates against a telecommunications carrier not a party to the agreement; or

B. The implementation of such agreement, or portion thereof, is not consistent with the public interest, convenience, and necessity.

3. The Commission may only reject an agreement, or any portion thereof, adopted by arbitration if the Commission finds that the agreement does not meet the requirements of this subdivision, or the pricing standards set forth in '150CSR6-15.5.d.

4. If the Commission does not act to approve or reject an agreement, or any portion thereof, adopted by negotiation within ninety (90) days after submission by the parties, the agreement shall be deemed approved.

5. If the Commission does not act to approve or reject an agreement, or any portion thereof, adopted by arbitration within thirty (30) days after submission by the parties, the agreement shall be deemed approved.

l. Filing Required.

1. The Commission shall make a copy of each interconnection agreement approved by the Commission, and any Bell operating company statement of generally available terms and conditions filed pursuant to Section 252(f) of the Telecommunications Act of 1996 and approved by the Commission, available for public inspection and copying within ten (10) days after the agreement or statement is approved.

2. A local exchange carrier shall make available any interconnection, service, or network element provided under an agreement approved by the Commission under '150CSR6-15.5.k., to which it is a party, to any other requesting telecommunications carrier upon the same terms and conditions provided for in the agreement.

15.6. Exemptions, Suspension and Modifications for Rural Telephone Companies.

a. Exemption of Rural Telephone Companies.

The requirements of '150CSR6-15.2. and 15.3. shall not apply to a rural telephone company until such time as the conditions set forth in Section 251(f) of the Telecommunications Act of 1996 have been satisfied.

b. Termination of Rural Telephone Company Exemption.

1. A party making a bona fide request to a rural telephone company for interconnection, service, or network elements, shall submit to the Commission a notice of its request within ten (10) days after delivering its request to such rural telephone company.

2. Upon receipt of notice of a bona fide request for interconnection, service, or network elements, to a rural telephone company. the Commission shall conduct an inquiry for the purpose of determining whether to terminate the rural telephone company's exemption.

3. The Commission shall terminate the rural telephone company's exemption within one-hundred twenty (120) days following receipt of the notice of request if the Commission determines that the request is not unduly economically burdensome, is technically feasible, and is consistent with Section 254 of the Telecommunications Act of 1996, excluding subsections (b)(7) and (c)(1)(D) thereof.

4. Upon termination of any rural telephone company's exemption, the Commission shall establish an implementation schedule for compliance with the request that is consistent in time and manner with the Commission's rules and regulations.

c. Limitation on Exemption.

The exemption for a rural telephone company shall not apply to a request, under '150CSR6-15.2. and 15.3., from a cable operator providing video programming and seeking to provide any telecommunications service in the area in which the rural telephone company provides video programming. This limitation does not apply to a rural telephone company that was providing video programming on February 8, 1996.

d. Suspensions and Modifications for Rural Local Exchange Carriers.

1. A local exchange carrier with fewer than two percent (2%) of the Nation's subscriber lines installed in the aggregate Nationwide may petition the Commission for a suspension or modification of any requirement of '150CSR6-15.1., 15.2., or 15.3. to telephone exchange service facilities specified in such petition.

2. The Commission shall grant such petition to the extent that, and for such duration as, the Commission determines that such suspension or modification:

A. Is necessary:

1. To avoid a significant adverse economic impact on users of telecommunications services generally;

2. To avoid imposing a requirement that is unduly economically burdensome; or

B. Is consistent with the public interest, convenience and necessity.

3. The Commission shall act upon any petition for a suspension or modification within one-hundred eighty (180) days after receiving the petition. The Commission may suspend enforcement of the requirements to which the petition applies, with respect to the petitioner, pending a final Commission order.

Click Here To View Image

W. Va. Code R. § 150-6-15

All forms are available from the P.S.C.