NAC704.6809. Provision of interconnection and access to certificated telecommunication providers.

     1. A provider of last resort, or a competitive supplier in areas where a provider of last resort has no facilities, must provide interconnection to its networks to all certificated telecommunication providers.

     2. The interconnection must be provided:

     (a) By a provider of last resort, anywhere on the network of the provider of last resort that is technically feasible, including any central office or tandem office.

     (b) By a competitive supplier, anywhere on the network of the competitive supplier within the area not served by a provider of last resort, or that is reasonably proximate to that area, that is technically feasible and reasonably convenient for the interconnecting party. A competitive supplier shall allow interconnection only to that portion of its network located in an area where a provider of last resort has no facilities.

     3. The interconnection must be provided on a nondiscriminatory basis.

     4. The interconnection must include access to network services, functions and databases, including, but not limited to, intercept, directory assistance, emergency 911 services and Signalling System 7, and to the databases related to the provision of those services. Compensation for network functionality must be made in accordance with the provisions of subsection 6.

     5. To the extent technically feasible, the interconnection and access must provide the same grade and quality of service, including the form and quality of signaling, to the telecommunication provider who is provided with the interconnection as is available within the provider’s own network.

     6. If a request for interconnection to its network includes service components which have not been tariffed, the provider to whom the request for interconnection is made must:

     (a) Respond to the requesting party within 30 days after the receipt of the request with a decision as to the technical feasibility of the request and the estimated rate for the interconnection.

     (b) If the request for interconnection is not withdrawn and is determined to be technically feasible, file with the Commission the determination of technical feasibility and a proposed rate schedule and tariff. The filing must be made within 60 days after the date on which the response required in paragraph (a) is provided to the requesting party, but not later than 90 days after the date on which the request for interconnection is received. A provider of last resort shall file the proposed schedule and tariff in accordance with NAC 703.375 to 703.410, inclusive.

     (c) File with the Commission before providing the service, a plan of compensation between the interconnecting telecommunication providers for the exchange of traffic.

     7. The responding provider has the burden of proof that a request pursuant to this section is not technically feasible, if the responding provider determines that such is the case.

     8. The Commission may extend the deadlines set forth in subsection 6 upon a showing of reasonable cause by the responding provider.

     9. A provider of last resort and a competitive supplier shall provide its customers with nondiscriminatory access to the interexchange carrier chosen by the customer.

     10. A provider of last resort which is defined as a Class B company by the Federal Communications Commission in 47 C.F.R. Part 32 must comply with the provisions of this section to the extent that they are consistent with comparable provisions for such companies adopted by the Federal Communications Commission.

     (Added to NAC by Pub. Service Comm’n, eff. 10-25-95; A 7-10-96; A by Pub. Utilities Comm’n by R136-07, 1-30-2008)