Commission Approval of Agreements Reached by Arbitration

PURPOSE: This rule provides the procedure for commission approval of agreements reached by arbitration. (1) Filing of Conformed Agreement—Unless the commission orders otherwise, within seven (7) days of the filing of a commission order approving, rejecting or modifying the arbitrator’s final report, the parties shall file with the commission the entire agreement that was the subject of the negotiation. The agreement shall conform in all respects to the commission’s order. Concurrently with the filing of the conformed agreement, the parties shall each file statements that indicate whether the agreement complies with the requirements of sections 251 and 252 of the Act, Missouri statutes, and the commission’s rules. (2) Within ten (10) days of the filing of the agreement, anyone may file comments concerning the agreement; however, such comments shall be limited to the standards for review referenced in section 4 CSR 24036.050(4) of this chapter. The commission, upon its own motion, may hold additional informal hearings and may hear oral argument from the parties to the arbitration. (3) Commission Review of Arbitrated Agreement—Within thirty (30) days following the filing of the arbitrated agreement, the commission shall issue a decision approving or rejecting the arbitrated agreement (including those parts arrived at through negotiations) pursuant to subsection 252(e) of the Act and all its subparts. In the event the commission fails to act on the arbitrated agreement within thirty (30) days of when the agreement is filed, the agreement shall be deemed approved. (4) Standards for Review—Pursuant to subsection 252(e)(2)(B) of the Act, the commission may reject arbitrated agreements or portions thereof that do not meet the requirements of section 251 of the Act, the Federal Communications Commission’s (FCC’s) regulations prescribed under section 251 of the Act, or the pricing standards set forth in subsection 252(d) of the Act. Pursuant to subsection 252(e)(3) of the Act, the commission may also reject agreements or portions thereof that violate other requirements of the commission, including, but not limited to, quality of service standards. (5) Written Findings—The commission’s decision approving or rejecting an arbitration agreement shall contain written findings. In the event of rejection, the commission shall address the deficiencies of the arbitrated agreement in writing and may state what modifications of such agreement would make the agreement acceptable. (6) Review of Commission Decision—Any party aggrieved by a commission decision made under this rule may seek relief in an appropriate federal district court pursuant to section 252(e)(6) of the Act. (7) Copies of Agreements Reached by Arbitration—Paper copies of arbitrated agreements that have been approved by the commission may be obtained from the commission by request. The commission may charge a reasonable amount for photocopying an agreement, as permitted by applicable law. AUTHORITY: section 386.410, RSMo 2000.* This rule originally filed as 4 CSR 24036.050. Original rule filed Dec. 30, 2003, effective Aug. 30, 2004. Moved to 20 CSR 4240-36.050, effective Aug. 28, 2019. *Original authority: 386.410, RSMo 1939, amended 1947, 1977, 1996. Made Pursuant to the Telecommunications Act of 1996