SECTION 21.99. Approval of Arbitrated Agreements

(a) Application. Any interconnection agreement resulting from arbitration shall be submitted to the commission for approval and filed in the same proceeding within 30 days of the date of the presiding officer's Arbitration Award, unless otherwise provided. Following the issuance of the presiding officer's Arbitration Award under §21.95 of this title (relating to Compulsory Arbitration), the parties shall jointly file ten copies of the final interconnection agreement, with the commission's filing clerk, incorporating all contract language ordered by the presiding officer. Any interconnection agreement submitted to the commission for approval is a public record and no portion of the interconnection agreement may be treated as confidential information under §21.77 of this title (relating to Confidential Material). The application for approval of an arbitrated agreement shall be accompanied by:

(1) a complete and unredacted copy of the arbitrated interconnection agreement including any portions of the agreement that were not the subject of arbitration;

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

(3) to the extent that an agreement adopted by arbitration establishes a new or different price for an unbundled network element, combination of unbundled network elements, or resold service, a verified statement that all certificated carriers will be notified of such price either through web posting, mass mailing or electronic mail within ten days of the date the ruling becomes final.

(b) Parties' comments. Any party wishing to file comments on the interconnection agreement incorporating the contract language ordered by the presiding officer as required in subsection (a) of this section, shall do so within five calendar days following the filing of the application under subsection (a) of this section. Any reply comments shall be filed within three calendar days of any initial comments.

(c) Commission approval. The commission will issue its final decision on an agreement adopted by arbitration within 30 days following the filing of the application under subsection (a) of this section. The commission's final decision may reject, approve, or modify the agreement, with written findings as to any deficiencies. If the commission does not act to approve or reject the agreement adopted by arbitration within 30 days after submission by the parties under subsection (a) of this section, the agreement shall be deemed approved.

(d) Effective date. An interconnection agreement approved by arbitration becomes effective within ten days after the date that the commission's order approving the interconnection agreement is signed by all Commissioners unless otherwise specified in the order approving the agreement.

(e) Filing of agreement. Following the commission's approval of the agreement, the parties to the interconnection agreement shall file two copies, one unbound, of the complete agreement, consistent with the commission's direction, with the commission's filing clerk within ten working days of the commission's decision. The copies shall be clearly marked with the control number for the proceeding and the language "Complete interconnection agreement (as modified) and approved on (insert date)." Also within 15 working days of the approval of the agreement, the incumbent local exchange company (ILEC) shall post notice of the approved interconnection agreement on its website in a separate, easily identifiable area of the website. The ILEC website shall provide a complete list of approved interconnection agreements, listed alphabetically by carrier, including docket numbers and effective dates. In addition, the ILEC website shall provide a direct link to the commission's website.

Source Note: The provisions of this §21.99 adopted to be effective March 1, 2004, 29 TexReg 1868