NAC703.290. Petition for approval of mediated or negotiated agreement.

     1. A petition for approval of a mediated or negotiated agreement submitted to the Commission pursuant to 47 U.S.C. § 252 must include:

     (a) The names of the parties to the agreement.

     (b) A copy of the agreement.

     (c) A summary of the major terms and conditions included in the agreement.

     (d) Reference to any:

          (1) Regulations or statutes; or

          (2) Opinions or decisions of the Federal Communications Commission, the Commission, federal or state courts, or other persons or entities,

Ê which the petitioner believes are relevant to the approval of the agreement.

     (e) A certificate of service demonstrating that:

          (1) The petition has been served upon the other party to the negotiations, the staff of the Commission and the Consumer’s Advocate; and

          (2) Notice of the filing has been provided by electronic mail to each person and entity on the list for notification established pursuant to NAC 703.296. The notice provided to each such person and entity must include a link to the public portion of a website at which the contents of the filing may be inspected and at which an electronic copy of the agreement may be obtained.

     (f) Any other information which the petitioner believes will be useful to the Commission.

     2. Not later than 10 days after the date on which a petition for the approval of the agreement is filed, the Secretary of the Commission shall issue a public notice on the website of the Commission indicating that a petition for approval has been received and will be processed pursuant to the procedural schedule set forth in the notice. The petitioner shall thereafter promptly publish the notice in the public portion of its website.

     3. The procedural schedule set forth in a notice issued pursuant to subsection 2 must specify:

     (a) That any interested person or entity may file comments regarding the agreement not later than 30 days after the date on which the agreement was filed with the Commission. The scope of such comments must be limited to whether:

          (1) The agreement discriminates against any telecommunications carrier not a party to the agreement;

          (2) The implementation of the agreement is not consistent with the public interest, convenience and necessity; or

          (3) The 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.

Ê Any comments filed pursuant to this paragraph must be, to the extent practicable, simultaneously served on the Commission, parties to the agreement, the staff of the Commission and the Consumer’s Advocate.

     (b) That parties to the agreement may file reply comments and legal arguments not later than 15 days after the date established by the Commission for filing initial comments.

     (c) The date on which any hearing will be conducted by the presiding Commissioner to obtain further clarification or information regarding the proposed agreement.

     4. The notice provided by subsections 2 and 3 shall be the exclusive method for providing notice of the filing required by this section.

     5. The Commission will issue a final order accepting or rejecting the agreement not later than 90 days after the date on which the petition for approval was filed with the Commission.

     6. The Commission may reject an agreement, or any portion thereof, adopted by negotiation only if the Commission finds that:

     (a) The agreement, or portion thereof, discriminates against a telecommunications carrier not a party to the agreement; or

     (b) The implementation of such agreement or portion is not consistent with the public interest, convenience and necessity.

     (Added to NAC by Pub. Utilities Comm’n by R012-97, eff. 11-14-97; A by R047-02, 10-24-2002; R136-07, 1-30-2008)