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TITLE 16ECONOMIC REGULATION
PART 2PUBLIC UTILITY COMMISSION OF TEXAS
CHAPTER 26SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
SUBCHAPTER LWHOLESALE MARKET PROVISIONS
RULE §26.272Interconnection

in the DCTU white pages telephone directory must be interspersed in correct alphabetical sequence among the entries of the DCTU customers and must be no different in style, size, or format than the entries of the DCTU customers, unless requested otherwise by the NCTU. The CTU or its affiliate publishing a white pages telephone directory on behalf of the CTU must not directly charge the customer of another CTU located in the geographic areas covered by the white pages telephone directory for white pages listings or directory.

      (ii) Each customer listing located within the local calling area of a NCTU, but not located within the local calling area of the DCTU publishing the white pages telephone directory, must be included in a separate section of the DCTU's white pages telephone directory at the option of the NCTU.

      (iii) A CTU must provide directory listings and related updates to the CTU or affiliate of the CTU that publishes a white pages telephone directory on behalf of the CTU, or to any CTU providing directory assistance, in a timely manner to ensure inclusion in the annual white page listings and provision of directory assistance service that complies with §26.128 of this title. A CTU or affiliate of the CTU that publishes a white pages telephone directory on behalf of the CTU must be responsible for providing all other CTUs with timely information regarding deadlines associated with its published white pages telephone directory.

      (iv) A CTU must, upon request, provide accurate and current subscriber listings (name, address, telephone number) and updates in a readily usable format and in a timely manner, on a non-discriminatory basis, to publishers of yellow pages telephone directory. A CTU must not provide listings of subscribers desiring non-listed status for publication purposes.

      (v) White pages telephone directories must be distributed to each customer located within the geographic area covered by the white pages telephone directory on non-discriminatory terms and conditions by the CTU or affiliate of the CTU that publishes the white pages telephone directory.

      (vi) A CTU or affiliate of the CTU that publishes a white pages telephone directory on behalf of the CTU must provide every other CTU a single page in the information section of the white pages telephone directory for each CTU to convey critical customer contact information regarding emergency services, billing and service information, repair services and other pertinent information. The CTU's pages must be arranged in alphabetical order. Additional access to the information section of the white pages telephone directory are subject to negotiations.

      (vii) A CTU must provide information that identifies customers desiring non-listed or non-published telephone numbers or non-published addresses to the CTU or affiliate of the CTU that publishes a white pages telephone directory on behalf of the CTU and to the CTU maintaining the directory assistance database. A CTU or affiliate of the CTU that publishes a white pages telephone directory on behalf of the CTU must not divulge such non-listed or non-published telephone numbers or addresses and the CTU maintaining the directory assistance database must not divulge such non-published telephone numbers or addresses.

      (viii) CTUs must provide each other non-discriminatory access to directory assistance databases.

  (2) At a minimum, interconnecting CTUs must negotiate to ensure the following:

    (A) Non-discriminatory access to databases such as 800 and Line Information Data Base (LIDB) where technically feasible, to ensure interoperability between networks and the efficient, timely provision of service to customers;

    (B) non-discriminatory access to Telecommunications Relay Service;

    (C) Common Channel Signaling interconnection including transmission of privacy indicator where technically available;

    (D) non-discriminatory access to all signaling protocols and all elements of signaling protocols used in routing local and interexchange traffic, including signaling protocols used to query call processing databases, where technically feasible;

    (E) number portability and the inclusion of the NCTU's NXX code(s) in the Local Exchange Routing Guide and related systems;

    (F) non-discriminatory handling, including billing, of mass announcement/audiotext calls including 900 and 976 calls;

    (G) provision of intercept services for a specific telephone number in the event a customer discontinues service with one CTU, initiates service with another CTU, and the customer's telephone number changes;

    (H) cooperative engineering, operations, maintenance and billing practices and procedures; and

    (I) non-discriminatory access to Advanced Intelligent Network (AIN), where technically available.

(f) Negotiations.

  (1) A negotiating party, including a CTU, must engage in good-faith negotiations and cooperative planning as necessary to achieve mutually agreeable interconnection arrangements.

  (2) Before terminating its first commercial telephone call, a CTU requesting interconnection must negotiate with each CTU or other negotiating party that is necessary to complete all telephone calls, including local service calls and EAS or ELCS calls, made by or placed to a customer of the requesting CTU. Upon request, DCTUs within major metropolitan calling areas will contact other CTUs and arrange meetings, within 15 days of such request, to facilitate negotiations and provide a forum for discussions of network efficiencies and intercompany billing arrangements.

  (3) Unless the negotiating parties establish a mutually agreeable date, negotiations are deemed to begin on the date when the CTU or other negotiating party from which interconnection is being requested receives the request for interconnection from the CTU seeking interconnection. The request must:

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

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

    (C) provide any other material necessary to support the request, included as appendices; and

    (D) provide the identity of the person authorized to negotiate for the requesting CTU.

  (4) The requesting CTU may identify additional issues for negotiation without causing an alteration of the date on which negotiations are deemed to begin.

  (5) The CTU or negotiating party from which interconnection is sought must respond to the interconnection request no later than 14 working days from the date the request is received. The response must:

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

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

    (C) provide any other material necessary to support the response, included as appendices; and

    (D) provide the identity of the person authorized to negotiate for the responding party.

  (6) At any point during the negotiations required under this subsection, a CTU or negotiating party may request the commission designee to participate in the negotiations and to mediate any differences arising in the course of the negotiation.

  (7) An interconnecting CTU may, by written agreement, accelerate the requirements of this subsection with respect to a particular interconnection agreement except that the requirements of subsection (g)(1)(A) of this section must not be accelerated.

  (8) Any disputes arising under or pertaining to negotiated interconnection agreements must be resolved in accordance with Chapter 21, Subchapter E, of this title (relating to Post-Interconnection Agreement Dispute Resolution).

(g) Compulsory arbitration process.

  (1) A negotiating CTU that is unable to reach mutually agreeable terms, rates, or conditions for interconnection with any CTU or negotiating party may petition the commission to arbitrate any unresolved issues. To initiate the arbitration procedure, a negotiating CTU:

    (A) must file its petition with the commission on or between 135 and 160 days after the date on which its request for negotiation under subsection (f) of this section was received by the other CTU involved in the negotiation;

    (B) must provide the identity of each CTU or negotiating party with which agreement cannot be reached but whose cooperation is necessary to complete all telephone calls made by or placed to the customers of the requesting CTU;

    (C) must provide all relevant documentation concerning the unresolved issues;

Cont'd...

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