| (D) must provide all relevant documentation concerning
the position of each of the negotiating parties with respect to those
issues;
(E) must provide all relevant documentation concerning
any other issue discussed and resolved by the negotiating parties;
and
(F) must send a copy of the petition and any documentation
to the CTU or negotiating party with which agreement cannot be reached,
not later than the day on which the commission receives the petition.
(2) A non-petitioning party to a negotiation under
subsection (f) of this section may respond to the other party's petition
and provide such additional information within 25 days after the commission
receives the petition.
(3) The compulsory arbitration process must be completed
no later than nine months after the date on which a CTU receives a
request for interconnection under subsection (f) of this section.
(4) Any disputes arising under or pertaining to arbitrated
interconnection agreements must be resolved in accordance with Chapter
21, Subchapter E of this title.
(h) Filing of rates, terms, and conditions.
(1) Rates, terms and conditions resulting from negotiations,
compulsory arbitration process, and statements of generally available
terms.
(A) A CTU from which interconnection is requested must
file each agreement adopted by negotiation or by compulsory arbitration
with the commission. The commission will make such an agreement available
for public inspection and copying within ten days after the agreement
is approved by the commission in accordance with subparagraphs (C)
and (D) of this paragraph.
(B) An ILEC serving greater than five million access
lines may prepare and file with the commission, a statement of terms
and conditions that the ILEC generally offers within the state in
accordance with 47 U.S.C. §252(f) (1996). The commission will
make such a statement available for public inspection and copying
within ten days after the statement is approved by the commission
in accordance with subparagraph (E) of this paragraph.
(C) The commission will reject an agreement, in whole
or in part, adopted by negotiation if it finds that:
(i) the agreement (or any portion thereof) discriminates
against a telecommunications carrier not a party to the agreement;
or
(ii) the implementation of such agreement or portion
is not consistent with the public interest, convenience, and necessity.
(D) The commission will reject an agreement, in whole
or in part, adopted by compulsory arbitration under subsection (g)
of this section, in accordance with guidelines found in 47 U.S.C. §252(e)(2)(B)
(1996).
(E) The commission will review the statement of generally
available terms filed under subparagraph (B) of this paragraph, in
accordance with guidelines found in 47 United States Code §252(f)
(1996). The submission or approval of a statement under this paragraph
does not relieve an ILEC serving greater than five million access
lines of its duty to negotiate the terms and conditions of an agreement
in accordance with 47 U.S.C. §251(c)(1) (1996).
(2) Rates, terms or conditions among DCTUs. Within
15 days of a request from a CTU negotiating interconnection arrangements
with a DCTU, a non-redacted version of any agreement reflecting the
rates, terms, and conditions between or among DCTUs which relate to
interconnection arrangements for similar traffic must be disclosed
to the CTU, subject to commission-approved non-disclosure or protective
agreement. A non-redacted version of the same agreement must be disclosed
to commission staff at the same time if requested, subject to commission-approved
non-disclosure or protective agreement.
(i) Customer safeguards.
(1) Requirements for provision of service to customers.
Nothing in this section or in a = CTU's tariffs precludes a customer
of a CTU from purchasing local exchange service from more than one
CTU at a time. A CTU is prohibited from connecting, disconnecting,
or moving any wiring or circuits on the customer's side of the demarcation
point without the customer's express authorization as specified in §26.130
of this title, (relating to Selection of Telecommunications Utilities).
(2) Requirements for CTUs ceasing operations. If a
CTU ceases operations, the CTU is responsible for notifying the commission
and each customer of the CTU at least 61 working days in advance that
each customer's service will be terminated. The notification must
include a listing of all alternative service providers available to
customers in the exchange and specify the date on which service will
be terminated.
(3) Requirements for service installations. A DCTU
that interconnect with an NCTU is responsible for meeting the installation
of service requirements under §26.54 of this title in providing
service to the NCTU. NCTUs must make a good-faith effort to meet the
requirements for installation in §26.54 of this title, and may
negotiate with the DCTU to establish a procedure to meet this goal.
(A) For those customers for whom the NCTU provides
dial tone but not the local loop, 95% of the NCTU's service orders
must be completed in no more than ten working days from request for
service, unless a later date is agreed to by the customer.
(B) For those customers for whom the NCTU does not
provide dial tone and resells the telephone services of a DCTU, 95%
of the NCTU's service orders must be completed no more than seven
working days from request for service, unless the customer agrees
to a later date.
(C) For those customers where the NCTU uses facilities
other than a DCTU's resale facilities obtained through Public Utility
Regulatory Act §60.041, the NCTU must complete service orders
within 30 calendar days from the request for service, unless a later
date is agreed to by the customer.
(D) A DCTU must not discriminate between the DCTU's
customers and the customers of an NCTU if the DCTU is able to install
service in less than the time permitted under §26.54 of this
title.
|
| Source Note: The provisions of this §26.272 adopted to be effective March 15, 2000, 25 TexReg 2048; amended to be effective November 14, 2010, 35 TexReg 9871; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524 |
