OAR 860-016-0025: Adoption of Previously Approved Agreement or Statement of Generally Available Terms

(1) If a requesting telecommunications carrier decides to adopt an identical agreement or an identical individual arrangement contained in an agreement, pursuant to Section 252(i) of the Act and 47 CFR Section 51.809, with the exception of the adopting party's name and new effective date, previously approved by and on file with the Commission, or a Statement of Generally Available Terms approved by the Commission under OAR 860-016-0040, it must file notice of the adoption with the Commission. The notice must include a completed Carrier-to-Carrier Agreement Checklist. (2) The notice documents must be filed electronically as required in OAR 860-001-0170. (3) If the notice is filed jointly with the affected telecommunications carrier, the adoption becomes effective on the date filed. (4) If the notice is filed unilaterally by the requesting telecommunications carrier, the requesting telecommunications carrier must simultaneously provide notice of the adoption to the affected carrier. The affected carrier may then file objections to the adoption within 21 calendar days of such notice. If no objections are filed, the adoption becomes effective on the 22nd day after filing. (5) An affected carrier may object to an adoption on the following grounds: (a) The costs of providing a particular interconnection, service, or element to the requesting telecommunications carrier are greater than the costs of providing it to the telecommunications carrier that originally negotiated the agreement; (b) The provision of a particular interconnection, service, or element to the requesting carrier is not technically feasible; (c) There is new federal or state law that requires modification of the agreement proposed to be adopted; (d) The agreement proposed to be adopted has expired or been cancelled; or (e) The proposed adoption is unlawful. (6) If the affected carrier files objections, the requesting carrier may file a reply within 14 calendar days after the objections are filed. An assigned Administrative Law Judge (ALJ) will schedule a conference within 5 business days after the reply is filed, to be held as soon thereafter as practicable. At the conference, the ALJ will determine whether the issues raised by the affected carrier's objection can resolved based on the pleadings and all supporting documentation, or whether further proceedings are necessary. If further proceedings are necessary, the ALJ will establish a schedule for resolving the dispute on an expedited basis. Pending resolution of the dispute, other provisions of the proposed adoption not contested by the affected carrier will become effective.