NAC703.288. Negotiation of agreement through arbitration.

     1. The presiding officer of a proceeding concerning a petition for arbitration filed in accordance with 47 U.S.C. § 252 shall use such procedures as are necessary to enable the presiding officer to issue a proposed order regarding the issues which have been submitted for resolution not later than 240 days after the date on which the request for negotiation was submitted to the local exchange carrier.

     2. Not later than 10 days after the date on which a petition for arbitration is filed with the Commission, the Secretary of the Commission shall issue a public notice and provide notice to each party and each person and entity on the list for notification established pursuant to NAC 703.296, that a petition for arbitration has been received. The notice must specify the date:

     (a) By which an answer must be filed.

     (b) By which a notice of intent to comment must be filed.

     (c) On which a prehearing conference will be convened.

     3. An order for a prehearing conference issued by a presiding officer to consider a petition for arbitration must specify:

     (a) The date on which an evidentiary hearing will be convened; and

     (b) Any other matters deemed appropriate by the presiding officer, including reply comments, if desired.

     4. The presiding officer shall prepare a proposed order which must be submitted to the Commission not later than 240 days after the date on which the request to negotiate was submitted to the local exchange carrier. The proposed order must be:

     (a) Filed with the Commission;

     (b) Served on the parties to the proceeding, the staff of the Commission and the Consumer’s Advocate; and

     (c) Provided to each person and entity who filed a notice of intent to comment.

     5. Any party or interested person or entity may file comments regarding the proposed order not later than 10 days after the date on which it is filed with the Commission. The scope of such comments must be limited to whether:

     (a) The proposed agreement adopted by the proposed order discriminates against any telecommunications carrier that is not a party to the agreement;

     (b) The implementation of the proposed agreement is consistent with the public interest, convenience and necessity; or

     (c) The proposed agreement violates other requirements of the Commission, including, but not limited to, any standards adopted by the Commission relating to the quality of telecommunication service.

     6. Any party or interested person or entity may file a response to any comments filed pursuant to subsection 5. Such responses must be filed with the Commission not later than 5 days after the date on which the comments are filed and may not exceed five pages in length.

     (Added to NAC by Pub. Utilities Comm’n by R012-97, eff. 11-14-97; A by R010-05, 9-7-2005)