Definitions

PURPOSE: This rule defines terms used in the rules comprising Chapter 36. The terms defined in the Telecommunications Act of 1996 are generally applicable to these rules. (1) Commission means the Missouri Public Service Commission. (2) FCC means the Federal Communications Commission. (3) Act means the Telecommunications Act of 1996; unless noted otherwise, all references to sections and subsections are to the Communications Act of 1934 as amended by the 1996 Act. (4) Mediation means a process in which the commission assists negotiating parties to reach their own solution. (5) Arbitration means the submission of a dispute to the commission for resolution by a process that will employ a neutral arbitrator who will facilitate resolution of the disputed issues through markup conferences and limited evidentiary hearings, and who will prepare a final report for acceptance, modification or rejection by the commission. (6) Petition means an application to the commission for relief under section 252 of the Act. (7) Request for negotiation means the first date on which an incumbent local exchange carrier receives a written request to negotiate pursuant to the Act. (8) Arbitrated agreement means the entire agreement filed by the parties in conformity with the commission’s order approving, rejecting or modifying the arbitrator’s final report, in whole or in part. (9) Unresolved issues means those issues submitted to be decided by the arbitrator in compliance with subsection 252(b)(4)(C) of the Act. AUTHORITY: section 386.410, RSMo 2000.* This rule originally filed as 4 CSR 24036.010. Original rule filed Dec. 30, 2003, effective Aug. 30, 2004. Moved to 20 CSR 4240-36.010, effective Aug. 28, 2019. *Original authority: 386.410, RSMo 1939, amended 1947, 1977, 1996.