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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 15. PUBLIC UTILITIES AND CABLE TELEVISION |
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Chapter 15-26. RULES IMPLEMENTING SECTION 252 OF THE FEDERAL TELECOMMUNICATIONS ACT OF 1996 |
Section 15-2699. DEFINTIONS
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The following words and terms, when used in this Chapter, shall have the following definitions unless the context clearly states otherwise:
"Approved agreement" means an agreement approved by the Commission pursuant to Section 252 of the Telecommunications Act of 1996, D.C. Code, 2001 Ed. § 34-2002(h) and Section 2604.
"Arbitrating party" means one of the telecommunications carriers participating in the arbitration proceeding.
"Arbitration agreement" means the agreement or amended agreement reached by the arbitrating parties pursuant to the arbitration decision.
"Arbitration decision" means the signed decision of the arbitrator or the arbitration panel.
"Arbitration petition" means a petition filed by a telecommunications carrier requesting the Commission for arbitration pursuant to 47 U.S.C. § 252(b).
"Commission" means the Public Service Commission of the District of Columbia.
"Commission's procedural rules" means the Commission's Rules of Practice and Procedure that are contained in Chapter 1 of Title 15 DCMR.
"Days" means calendar days, unless otherwise specified.
"Enforcement petition" means a petition to enforce an approved agreement.
"Ex parte communication" means an oral or written communication between the arbitrator and a telecommunications carrier's representative relating to the merits of the proceeding, which is made without providing all other telecommunications carriers participating in the arbitration proceeding the opportunity to participate.
"Incumbent local exchange carrier" means, with respect to an area, the local exchange carrier that provided local exchange service in such an area on the date of enactment of the federal. Telecommunications Act of 1996 (P.L. 104-104).
"Interpretation petition" means a petition filed to interpret an approved agreement.
"Interpretation or enforcement decision" means a signed decision of the Commission's agent in an interpretation or enforcement proceeding.
"Interpretation or enforcement proceeding" means a proceeding in which the Commission interprets or enforces an approved agreement.
"Local exchange carrier" means any person or entity that is engaged in the provision of telephone exchange service or exchange access. The term does not include a person or entity insofar as the person or entity is engaged in the provision of commercial mobile service.
"Mediating party" means a party participating in mediation.
"Negotiated agreement" means an agreement or amended agreement between a telecommunications carrier and an incumbent local exchange carrier pursuant to 47 U.S.C. § 252 arrived at through voluntary negotiation or mediation. A negotiated agreement includes an interconnection agreement that was opted into by telecommunications service providers either in the District of Columbia or another jurisdiction.
"Party" means a person, entity, individual, corporation, partnership, or association.
"Petitioning carrier" means a telecommunications carrier that files a request for arbitration pursuant to 47 U.S.C. § 252(b) or that files a petition for enforcement and interpretation of an approved agreement.
"Requesting carrier" means a telecommunications carrier that files a request for mediation pursuant to 47 U.S.C. § 252(a)(2).
"Responding carrier" means a telecommunications carrier that responds to a request for mediation or an arbitration, enforcement, or interpretation petition.
"Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
"Telecommunications carrier" means any provider of telecommunications services, except that the term does not include aggregators of telecommunications services as defined in 47 U.S.C. § 226.
"Telecommunications service" means the offering of telecommunications for a fee directly to the public or to such classes of users as to be effectively available to the public, regardless of the facilities used.