SECTION 21.9. Computation of Time

(a) Counting days.

(1) Except for computation of the arbitration window under Federal Telecommunications Act of 1996 (FTA), in computing any period of time prescribed or allowed by this chapter, by order of the commission or any presiding officer, or by any applicable statute, the period shall begin on the day after the act, event, or default in question. The period shall conclude on the last day of the designated period unless that day is a day the commission is not open for business, in which event the designated period runs until the end of the next day on which the commission is open for business. The commission shall not be considered to be open for business on state holidays on which only a skeleton crew is required.

(2) In computing the window for arbitration under FTA, the arbitration window shall be computed inclusive of the 135th and 160th day of the party's receipt of a request for negotiation under FTA §252.

(b) Extensions.

(1) Documents or pleadings. Unless otherwise provided by statute, the time for filing any documents or pleadings may be extended by the presiding officer, upon a written filing or an oral request on the record made prior to the expiration of the applicable period of time, showing that there is good cause for such extension of time and that the need for the extension is not caused by the neglect, indifference, or lack of diligence of the party making the motion.

(2) Decisions. The time for issuing any decision by a presiding officer or the commission may be extended by the presiding officer in a written order for good cause unless the decision deadline is prescribed by FTA. The time for issuing a decision may not be extended by more than 30 working days unless agreed by the parties. Decision deadlines pursuant to FTA may be waived or extended by parties' written agreement or oral agreement on the record.

Source Note: The provisions of this §21.9 adopted to be effective March 1, 2004, 29 TexReg 1868