District of Columbia Administrative Code

2397 PENALTIES 2397.1 Failure to comply with this chapter may result in the penalties described specified in this chapter, for failure to comply with the Commission’s rules and regulations. 2397.2 The penalties in this chapter are for violations of any regulation governing the sa…

2398 WAIVER 2398.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause. SOURCE: Final Rulemaking published at 33 DCR 6625, 6631 (October 24, 1986); as amended by Final Rul…

2399 DEFINITIONS 2399.1 The terms used in this chapter shall have the meaning ascribed to the definitions appearing in 49 C.F.R. §§ 190.3, 191.3, 192.3, and 199.3 except as otherwise defined in this chapter 2399.2 When used in this chapter, the following terms and phrases shall h…

2400 COMMISSION AUTHORITY 2400.1 Under D.C. Code §43-510 (1981 Ed.), the Commission shall prescribe the forms of books, accounts, papers, and records for public utilities. 2400.2 This chapter shall contain the rules governing the prescribed forms of books, accounts, papers, and r…

2401 ESTABLISHMENT OF UNIFORM SYSTEM OF ACCOUNTS 2401.1 A telephone corporation operating within the District of Columbia and providing intrastate communications services shall conform its books of accounts and shall record its business transactions in accordance with the Uniform…

2402 ADOPTION OF USOA 2402.1 The USOA, as provided for in §2401, shall be the accounts prescribed in 47 CFR 32 as adopted at 51 F.R. 43, 498, CC Docket No. 78-196, 60 Rad. Reg. 2d 1111 (1986), subject to those revisions as provided for in §2403. 2402.2 All references contained in…

2403 REVISIONS TO THE USOA 2403.1 The USOA, as prescribed in §2402, may be revised by petition of an interested party or by motion of the Commission; Provided, that the revisions to the USOA shall not take effect until the Commission orders the revisions to take effect and compli…

2498 WAIVER 2498.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause. SOURCE: Final Rulemaking published at 67 DCR 11091 (September 18, 2020). District of Columbia Munic…

2499 DEFINITION 2499.1 When used in this chapter, the following term shall have the meaning ascribed: Telephone corporation - the definition shall be as stated in D.C. Code §43-217 (1981 Ed.). SOURCE: Final Rulemaking published at 36 DCR 6070, 6071 (August 25, 1989). AUTHORITY: D…

2500 APPLICABILITY 2500.1 Pursuant to D.C. Official Code §§ 34-2001 et seq., this chapter shall apply to all parties seeking certification to provide local exchange service in the District of Columbia after the effective date of these regulations. SOURCE: Notice of Final Rulemaki…

2501 CERTIFICATION REQUIRED PRIOR TO PROVIDING LOCAL EXCHANGE SERVICE 2501.1 No party shall provide local exchange service to the public in the District of Columbia, regardless of the facilities used, without first receiving certification from the Commission to provide such servi…

2502 FILING AN APPLICATION FOR CERTIFICATION 2502.1 A party seeking to provide local exchange service in the District of Columbia shall file with the Office of the Commission Secretary an Application, which shall include a detailed Statement of Business Operations (“Statement”). …

2503 CONTENT OF THE APPLICATION 2503.1 Each Application filed with the Commission shall: 1) state whether the applicant seeks authorization to provide local telecommunications services within the District pursuant to the automatic certification requirements of D.C. Official Code …

2504 AUTOMATIC CERTIFICATION REQUIREMENTS 2504.1 An applicant shall be exempt from any other certification requirements if the applicant demonstrates in its Application that the applicant or its affiliate: (a) Has at least three (3) years of experience providing telecommunication…

2505 CERTIFICATION BY WAIVER REQUIREMENTS 2505.1 The Commission may waive the experience and annual gross revenue requirements of Section 2504 of these Rules, if an applicant demonstrates in its Application that: (a) The applicant has sufficient experience to ensure the continued…

2506 FINANCIAL STATEMENTS 2506.1 An applicant that has been in operation for three years (3) or more shall submit: (a) If the company is publicly traded, a copy of its two most recent Securities and Exchange Commission Form 10-K reports; or (b) If the company is not publicly trad…

2507 COMMISSION REVIEW OF AN APPLICATION FOR AUTOMATIC CERTIFICATION 2507.1 Within fifteen (15) days of the date that an Application is filed, the Commission shall: (a) Issue an Order granting the applicant's request for certification to provide telecommunications services within…

2508 COMMISSION REVIEW OF AN APPLICATION FOR CERTIFICATION BY WAIVER 2508.1 Within fifteen (15) days of the date that an Application is filed with the Commission, if the Application demonstrates that: (a) The applicant has sufficient experience to ensure the continued provision o…

2509 REQUESTS BY THE COMMISSION FOR ADDITIONAL INFORMATION 2509.1 Pursuant to D.C. Official Code § 34-2002(d)(3), the Commission may request that an applicant file additional information relevant to the Commission's determination of whether the applicant's experience and financia…

2510 TARIFFS MUST BE FILED AND MAINTAINED WITH THE PUBLIC SERVICE COMMISSION 2510.1 Prior to commencing service, all certificated local exchange carriers shall file tariffs with the Commission for each service offered within the District. The tariffs shall describe the service be…

2511 CHANGE OF CERTIFICATED PROVIDER INFORMATION 2511.1 All certificated local exchange carriers shall file any change of name, address, telephone number, fax number, email address, registered agent, corporate contact, and customer service and/or maintenance contact information w…

2512 ASSIGNMENT OR TRANSFER OF CERTIFICATION TO PROVIDE LOCAL EXCHANGE SERVICE 2512.1 The certification to provide local exchange service within the District of Columbia granted to an applicant shall not be assignable or transferable, except in circumstances in which the assignor…

2513 WAIVER 2513.1 The Commission may upon request, or on its own initiative after notice to the parties of its intention do so, waive any provision of this chapter for good cause. SOURCE: Final Rulemaking published at 47 DCR 2601 (April 14, 2000); as amended by Final Rulemaking …

2514 PROVISION OF SERVICE REQUIREMENT 2514.1 All parties granted a certificate to provide service under this chapter shall begin providing telecommunications service for hire to one or more customers in the District of Columbia within five (5) years from the date that the certifi…

2515 CERTIFICATE REVOCATION 2515.1 If a certificated party fails to begin to provide telecommunications service to customers in the District of Columbia within five (5) years from the issuance of its certificate, or from the date that this rule is published in the D.C. Register, …

2599 DEFINITIONS 2599.1 The following words and terms, when used in this Chapter, shall have the following meanings unless the context clearly indicates otherwise: "Affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under co…

2600 APPLICABILITY The provisions of this Chapter shall apply to negotiations, mediations, and arbitrations of agreements or amended agreements among telecommunications carriers pursuant to Section 252 of the federal Telecommunications Act of 1996 (47 U.S.C. § 252) and the Distri…

2601 NOTICE OF REQUESTS FOR VOLUNTARY NEGOTIATION OF AGREEMENTS PURSUANT TO SECTION 252 OF THE ACT Any telecommunications carrier requesting voluntary negotiation pursuant to 47 U.S.C. § 252(a)(1) shall notify the Commission, in writing, of its request within one (1) business day…

2602 FILING NOTICES PURSUANT TO SECTIONS 2601 2602.1 The Commission's procedural rules shall not apply to notices submitted under section 2601, except as provided in this Chapter. 2602.2 All notices shall be signed by a duly designated representative of the telecommunications car…

2603 FILING NEGOTIATED AGREEMENTS WITH THE COMMISSION 2603.1 Within five (5) business days of the date that any telecommunications carrier executes a binding negotiated agreement pursuant to 47 U.S.C. § 252(a), the parties to the negotiated agreement shall jointly file an origina…

2604 COMMISSION PROCEEDINGS FOR REVIEW OF NEGOTIATED AGREEMENTS Within ninety (90) calendar days of the date that a negotiated agreement is filed with the Commission, the Commission shall either approve or reject the negotiated agreement, or any portion thereof, in accordance wit…

2605 FILING REQUESTS FOR MEDIATION PURSUANT TO 47 U.S.C. § 252(a)(2) 2605.1 Pursuant to 47 U.S.C. § 252(a)(2), any telecommunications carrier, including the incumbent local exchange carrier, participating in voluntary negotiation pursuant to 47 U.S.C. § 252(a)(1), may, at any poi…

2606 APPOINTMENT OF A MEDIATOR PURSUANT TO 47 U.S.C. § 252(a)(2) The Commission shall appoint a mediator(s). The mediator may be a Commission staff member and/or any competent, impartial, and disinterested person. The requesting carrier and all participants in the negotiation for…

2607 DUTIES OF THE MEDIATOR 2607.1 The mediator functions to assist the parties to move toward a resolution of any differences arising in the course of the negotiation. The mediator may not compel agreement but shall provide assistance to the parties in reaching agreement. 2607.2…

2608 MEDIATION PROCESS 2608.1 The 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. 2608.2 Statements mad…

2609 PETITIONS FOR ARBITRATION PURSUANT TO 47 U.S.C. § 252(b) 2609.1 Any telecommunications carrier, including the incumbent local exchange carrier, participating in voluntary negotiation pursuant to 47 U.S.C. § 252(a)(1) may, during the period between the 135th day and the 160th…

2610 RESPONSES TO ARBITRATION PETITIONS 2610.1 Within three (3) business days of receipt of a timely and complete arbitration petition, the Commission Secretary shall notify, by facsimile, first class mail, or other method as the Commission Secretary deems appropriate, the other …

2611 APPOINTMENT OF AN ARBITRATOR 2611.1 The Commission shall appoint either an arbitrator or an arbitration panel. The size and composition of the arbitration panel shall be based on the nature of the issues in dispute. If a panel is appointed, the Commission shall designate the…

2612 POWERS OF THE ARBITRATOR 2612.1 Pursuant to 47 U.S.C. § 252(b)(4)(A), the arbitrator or arbitration panel shall consider only those issues set forth in the arbitration petition and any response thereto. 2612.2 The arbitrator or arbitration panel shall be delegated all powers…

2613 ARBITRATION PROCEEDINGS 2613.1 If there is any conflict between the Commission's procedural rules and the rules of this Chapter, the rules of this Chapter shall supercede the Commission's procedural rules. 2613.2 Section 150 of the Commission's procedural rules shall apply t…

2614 CONSOLIDATION OF PROCEEDINGS 2614.1 In order to reduce administrative burdens on telecommunications carriers and/or the Commission, the Commission may, sua sponte, or upon the motion of a party in any arbitration, interpretation, or enforcement proceedings, consolidate arbit…

2615 PROPOSED FINAL RESOLUTION 2615.1 At the time that the arbitrator or arbitration panel determines, each arbitrating party shall file with the Commission Secretary an original and fifteen (15) copies of its proposed final resolution of each issue identified in the petition and…

2616 VOLUNTARY TERMINATION OF ARBITRATION PROCEEDINGS If after the initiation of an arbitration proceeding, the arbitrating parties reach a negotiated agreement that resolves all of the issues submitted for arbitration, the arbitrating parties shall file a joint request to dismis…

2617 ARBITRATION DECISIONS 2617.1 Within thirty (30) days of the close of the record, the arbitrator or arbitration panel shall issue an arbitration decision. The arbitrator or arbitration panel shall consider all evidence presented by the parties. The arbitration decision shall …

2618 COMMISSION ACTION ON THE ARBITRATION DECISION The Commission shall review the arbitration decision and issue an order to adopt, reject, or modify the arbitration decision. If any arbitrating party chooses to appeal the arbitration decision, that arbitrating party shall file …