(a) Filing a request. Either party to an interconnection
agreement may request an informal settlement conference by filing
a written request with the commission and, on the same day, delivering
a copy of the request either by hand delivery, electronic mail, or
by facsimile to each party, including the party to the interconnection
agreement from which the dispute arises. The written request should
include:
(1) The name, address, telephone number, facsimile
number, and email address of each party to the interconnection agreement
and the requesting party's designated representative;
(2) A description of the parties' efforts to resolve
their differences by negotiation;
(3) A list of the discrete issues in dispute, with
a cross-reference to the area or areas of the agreement applicable
or pertaining to the issues in dispute; and
(4) The requesting party's proposed solution to the
dispute.
(b) The settlement conference. The commission staff
conducting the informal settlement conference will notify the parties
of the time, date, and location of the settlement conference which,
if held, will be held no later than ten working days from the date
the request was filed. The commission staff may require each party
to file a response to the request. The parties should provide the
appropriate personnel with authority to discuss and to resolve the
disputes at the settlement conference. If the parties are in disagreement
as to the need for a settlement conference, the presiding officer
may deny the request for good cause.
(c) Conduct. The settlement conference will be conducted
as an informal meeting and will not be transcribed. Only parties to
the interconnection agreement may participate as parties to the settlement
conference.
(d) Results of settlement conference. The settlement
conference may result in an agreement on the resolution of the dispute
described in the request. If an agreement is reached, the agreement
will be binding on the parties. If the parties do not reach an agreement
as a result of the settlement conference, either party may utilize
other procedures for dispute resolution provided in this subchapter.
The commission staff conducting the informal settlement conference
may participate in a subsequent dispute resolution proceeding involving
the parties to the informal settlement conference.
(e) Both formal dispute resolution and informal settlement
request. In the event a party negotiating a request for interconnection,
services, or network elements under the Federal Telecommunications
Act of 1996 (FTA) has requested both formal dispute resolution and
an informal settlement conference, the informal settlement conference
will precede formal dispute resolution. If agreed to by both parties,
any procedural deadlines applicable to formal dispute resolution will
be tolled for the duration of the informal settlement proceedings,
including time needed for commission approval of an informal settlement
agreement. To the extent parties do not settle all matters at issue
in the informal settlement conference, the formal dispute resolution
proceeding will not be initiated until the parties jointly file an
update of unresolved issues and a revised procedural schedule.
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