Section 15-2608. MEDIATION PROCESS

 

2608.1The parties to the mediation shall be the requesting carrier, the responding carrier, and any other telecommunications carrier that has agreed to participate in the mediation at the request of the requesting or responding party.

 

2608.2Statements made during the mediation shall be confidential, unless the party making the disclosure waives the confidentiality of the disclosure. Any materials, which the submitting mediating party deems to be confidential and/or proprietary, shall be submitted under seal and shall not be used except in connection with the mediation. All materials submitted under seal shall be made available only to the mediator and to the mediating parties that have signed a confidentiality and/or proprietary agreement. Subsections 150.9 and 150.10 of the Commission's procedural rules shall apply to all documents submitted under seal during mediation.

 

2608.3All parties to the mediation shall negotiate in good faith. Refusal to continue to negotiate during mediation may be considered a failure to negotiate in good faith pursuant to 47 U.S.C. § 252(b)(5) and may be considered by the Commission in its deliberations under 47 U.S.C. §§ 251 and 271.

 

source

Notice of Final Rulemaking published at47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).