SECTION 21.103. Approval of Agreements Adopting Terms and Conditions Pursuant to Federal Telecommunications Act of 1996 (FTA) §252(i)

(a) Application. Under the Federal Telecommunications Act of 1996 (FTA) §252(i), a local exchange carrier shall make available within 15 working days of receipt of request, any interconnection, service, or network element provided under a previously approved interconnection agreement to which it is a party to any other requesting telecommunications carrier upon the same terms and conditions as those provided in the agreement. Any agreement adopting terms and conditions of a previously approved interconnection agreement pursuant to FTA §252(i) shall be submitted to the commission for review and approval. Any or all of the parties to the agreement may file the application for approval. The parties requesting approval shall file three copies of the application with the commission's filing clerk and, when applicable, serve a copy on each of the other parties to the agreement. An application for approval of an agreement adopting terms and conditions pursuant to FTA §252(i) shall include:

(1) a complete and unredacted copy of the agreement;

(2) the name, address, telephone number, facsimile number, and email address of each of the parties to the agreement;

(3) the identity of the previously approved interconnection agreement from which the agreement is taken, including specific docket number and contract effective date and term; and

(4) an affidavit from the requesting telecommunications carrier explaining how the agreement is consistent with the public interest, convenience, and necessity, including all relevant requirements of state law.

(b) Provisions incorporated from §21.101 of this title (relating to the Approval of Amendments to Existing Interconnection Agreements). Applications for approval filed under this section shall be processed according to the following provisions of §21.101 of this title, which are incorporated by reference into this section: §21.101(b), (c), (d), (e), (f), and (g).

Source Note: The provisions of this §21.103 adopted to be effective March 1, 2004, 29 TexReg 1868