(1) Any party to the negotiation of an
interconnection agreement may, during the period from the 135th to the 160th
day (inclusive) after the date on which a LEC receives a request for
negotiation, petition the commission to arbitrate any open issues.
(2) To petition the commission for
arbitration, a party to the negotiation shall file 10 copies of the request
with the commission. On the same day it files its petition for arbitration with
the commission, the petitioner shall serve a copy of the petition and all
supporting documentation on any other party to the negotiation and the Montana
consumer counsel. A docket number will be assigned and appropriate notice will
be provided. The petition shall include the following information:
(a) the name, address, telephone number, fax number, and e-mail
address of the party to the negotiation making the request;
(b) the name, address, telephone number, fax number, and e-mail address
(if known) of the other party to the negotiation;
(c) the name, address, telephone number, fax number, and e-mail
address (if known) of the parties' representatives who are participating in the
negotiation and to whom inquiries should be made;
(d) the general negotiation history;
(e) all relevant nonproprietary documentation and arguments concerning
unresolved issues and the position of each party on the unresolved issues;
(f) all relevant nonproprietary documentation on any other issue discussed
and resolved by the parties; and
(g) a statement identifying information
needed to resolve open issues or information which has been requested during
negotiations but not yet provided.
(3) Copies of the petition for arbitration
shall be directed to Program Manager, Utility Division, Montana Public Service
Commission, 1701 Prospect Avenue, PO Box 202601, Helena, Montana 59620-2601.