LAW
Writer®
Ohio Laws and Rules
(A) This rule establishes procedures pursuant to which a telephone company who files a complaint against another telephone company pursuant to section 4905.26 of the Revised Code, may request an expedited ruling when the dispute directly affects the ability of a telephone company to provide uninterrupted service to its customers or precludes the provisioning of any service, functionality, or network element under an interconnection agreement. The attorney examiner has the discretion to determine whether the resolution of the complaint may be expedited based on the complexity of the issues or other factors deemed relevant. Unless otherwise determined during the course of the proceeding, the provisions and procedures set forth in section 4905.26 of the Revised Code, and Chapters 4901-1 and 4901-9 of the Administrative Code, shall apply.
(B) Any request for expedited ruling shall be filed at the same time and in the same document as the complaint filed under section 4905.26 of the Revised Code. The complaint shall be entitled “complaint and request for expedited ruling.” A complaint seeking an expedited ruling shall also state the specific circumstances that make the dispute eligible for an expedited ruling. The complainant shall simultaneously serve a copy of the complaint and request for expedited ruling on the respondent and the chief of the telecommunications section of the legal department by hand delivery or facsimile on the same day as it is filed with the commission.
(C) The respondent shall file a response to the request for expedited ruling within seven calendar days after the filing of the complaint. The respondent shall simultaneously serve a copy of the response on the complainant and the chief of the telecommunications section of the legal department by hand delivery or facsimile on the same day as it is filed with the commission.
(D) After reviewing the complaint and the response, an attorney examiner will determine whether the complaint warrants an expedited ruling. If so, the attorney examiner shall direct the respondent to file its answer and make arrangements for the hearing, which shall commence no later than thirty calendar days after the filing of the complaint. The attorney examiner shall notify the parties, not less than five calendar days before the hearing of the date, time, and location of the hearing. If the attorney examiner determines that the complaint is not eligible for an expedited ruling, the attorney examiner shall so notify the parties within seven calendar days of the filing of the response.
(E) The attorney examiner may require the parties to file an issues list on or before the commencement of the hearing. The attorney examiner shall require the parties to file their issues list under the same deadline. The issues list shall identify all issues to be addressed, the witness, if any, who will be addressing each issue, a short synopsis of each witness’s position on each issue, and a citation to the involved interconnection agreement and any other legal authority that the party believes supports the parties’ position.
(F) The attorney examiner shall draft a written decision on the complaint and schedule the matter for commission consideration within thirty calendar days after the later of: (1) the close of the hearing, or (2) any briefs that are requested to be filed.
Effective: 11/30/2007
R.C. 119.032 review dates: 11/30/2012
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4901.13, 4905.26