SECTION 165:55-22-3. Facilitation

(a)   Informal process. Facilitation is an informal, voluntary process wherein both parties to the dispute agree to bring the dispute before the Commission and to be bound by the facilitator's decision.

(b)   Facilitation request. The request for an informal facilitation conference may be made by a joint written request to the Director of the Public Utility Division. The joint written request should include the following from each party:

(1)   The name, address, telephone number and facsimile number of each party to the interconnection agreement and each party's designated representative;

(2)   A description of the parties' efforts to resolve their differences by negotiation;

(3)   A list of the narrow issues in dispute, with a cross-reference to the area of the agreement applicable or pertaining to the issues in dispute;

(4)   Each party's proposed solution to the dispute; and

(5)   Identification of the agreed upon facilitator.

(c)   Facilitator. The facilitator may be:

(1)   Any individual agreed to by the parties, including a Commission employee with knowledge regarding telecommunications; or

(2)   An individual selected by the Commission in an open meeting from names submitted by the parties.

(d)   Facilitation conference. The facilitator shall be responsible for notifying the parties of the time, date, and location of the meeting which shall be held no later than ten (10) business days from the date the request was filed. The parties shall provide the appropriate personnel with settlement authority to discuss and to resolve the disputes at the facilitation conference.

(e)   Procedure. The facilitation conference shall be conducted as an informal meeting and will not be transcribed. Only parties to the interconnection agreement may participate as parties to the facilitation conference. Interim relief is not applicable for either party to the dispute. Discovery will not be allowed and notice will not be provided concerning the facilitation. At any time during the facilitation, either party may request that the dispute resolution be moved to one of the formal processes set forth in this Subchapter.

(f)   Results of the facilitation conference. The informal facilitation conference may result in an agreement on the resolution of the dispute described in the request. If an agreement is reached, the agreement will be binding on the parties. In the event that the parties do not reach an agreement as a result of the informal facilitation conference, the parties agree to have the decision of the Commission appointed facilitator be binding on the parties. The facilitator's decision will be binding on both parties. The decision from the informal facilitation conference shall be rendered within thirty (30) days from the joint written request for facilitator.

[Source: Added at 16 Ok Reg 2832, eff 7-15-99; Amended at 32 Ok Reg 828, eff 8-27-15]