Section 15-2624. COMMISSION REVIEW OF INTERPRETATION OR ENFORCEMENT PETITIONS

 

2624.1Upon receipt of the interpretation and enforcement petition and any response, the Commission or its designated agent shall determine the procedural schedule for the interpretation or enforcement proceeding.

 

2624.2If the Commission determines that a hearing is necessary, then the Commission shall follow the procedures outlined in Section 2613.5. The Commission shall determine whether or not to schedule a hearing within thirty (30) days of the filing of the response to the interpretation or enforcement petition. Any hearing shall be scheduled within thirty (30) days of the date of this determination.

 

2624.3Notwithstanding any other provision of this Chapter, the parties involved in the interpretation or enforcement proceeding may agree on different interpretation or enforcement procedures, which may be accepted by the Commission.

 

2624.4If no hearing is held, then the evidentiary record shall close on the day following the date set by the Commission as the final date for receipt of submissions from the parties to the interpretation or enforcement proceeding, or at some other date that the Commission determines.

 

2624.5If the Commission directs a party to the interpretation or enforcement proceeding to provide information and that party fails or refuses to respond within the time limit set, the Commission may reach a decision on the issues in the interpretation or enforcement proceeding based on the best information available, from whatever source derived.

 

2624.6If the act or omission of a party to the interpretation or enforcement proceeding impedes the expeditious resolution of the issues, the Commission may make such orders in regard to the act of omission as are just, including, but not limited to, an order limiting a party's claims, defenses, and/or evidence; striking pleadings or parts thereof; dismissing the petition, or granting judgment by default or determine that the act or omission constitutes a failure to negotiate in good faith pursuant to 47 U.S.C. § 252(b)(5). The Commission may consider a determination that a party failed to negotiate in good faith in its deliberations pursuant to 47 U.S.C. §§ 251 and 271.

 

2624.7After review of the documentation presented by the parties to the interpretation or enforcement proceeding and the review of the hearing transcript, if any, the Commission shall issue an order that may include, but is not limited to: interpretations of provisions of the approved agreement; orders of specific performance of any provision in the approved agreement; or amendment of the approved agreement. If the Commission designates an agent to schedule a hearing or hear testimony, the Commission's agent shall issue its interpretation or enforcement decision within thirty (30) days after the hearing date or the close of the evidentiary record, whichever is later. If the Commission chooses not to designate an agent, then the Commission shall issue an order within thirty (30) days after the hearing date or the close of the evidentiary record, whichever is later.

 

2624.8If the Commission designates an agent, the Commission shall review any interpretation or enforcement decision by the Commission's agent and issue an order to adopt, modify, or reject the interpretation or enforcement decision within thirty (30) days of the issuance of the interpretation or enforcement decision. If any party to the interpretation or enforcement proceeding chooses to appeal the interpretation or enforcement decision to the Commission, that party shall file its appeal within ten (10) days after the issuance of the interpretation or enforcement decision. An original and fifteen copies of the appeal shall be filed with the Commission Secretary, with a copy served on the Commission's agent and the other parties to the interpretation or enforcement proceeding on the same day that the appeal is filed with the Commission. The Commission shall have thirty days from the submission of the appeal to review the appeal and issue an order adopting, modifying, or rejecting the interpretation or enforcement decision.

 

2624.9If the Commission orders the amendment of the approved agreement, the parties shall submit a new agreement to the Commission for approval within thirty (30) days of the issuance of the Commission order requiring the amendment of the approved agreement.

 

source

Notice of Final Rulemaking published at 47 DCR 5242 (June 23, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 8315 (October 20, 2000); as amended by Final Rulemaking published at 48 DCR 140 (January 5, 2001); as amended by Final Rulemaking published at 51 DCR 2905 (March 19, 2004).