SECTION 165:55-22-1. Resolution procedures arising under interconnection agreements

(a)   Purpose. This Subchapter establishes procedures for Commission resolution of disputed issues arising under or pertaining to interconnection agreements approved by the Commission pursuant to its authority under the Federal Telecommunications Act of 1996 and Subchapter 17 of this Chapter.

(b)   Type of disputed issues. The dispute resolution procedures set forth in this Subchapter are intended to resolve disputes concerning:

(1)   Proper interpretation of terms and conditions in the interconnection agreement;

(2)   Implementation of activities explicitly provided for, or implicitly contemplated in, the interconnection agreement;

(3)   Enforcement of terms and conditions in such interconnection agreements; and

(4)   Any issue not explicitly addressed in the interconnection agreement that the parties agree to resolve pursuant to this Subchapter; provided the resolution of the issue would facilitate the provisioning of service pursuant to the interconnection agreement.

(c)   Use of this Subchapter. The procedures described in this Section are not intended to replace the dispute resolution procedures set forth in the Interconnection and Resale Agreements ("Agreements") between the parties. However, the procedures set forth in this Subchapter may be used to resolve disputes arising out of the Agreements.

(d)   Best efforts. As a prerequisite to utilizing this Subchapter, the parties must be able to demonstrate that they have exhausted the dispute resolution procedures, if any, in accordance with their Agreements.

[Source: Added at 16 Ok Reg 2832, eff 7-15-99]