North Dakota Administrative Code

When an application for protection of information is filed, the commission staff shall examine the information and application, and file and serve a response that includes a recommendation on whether the information qualifies for protection. If the basis for requesting protection…

Upon a determination that information qualifies for protection, the commission shall issue a protective order limiting disclosure. History: Effective March 1, 1994; amended effective April 1, 2015. General Authority: NDCC 28-32-02 Law Implemented: NDCC 28-32-06, 47-25.1

1. Upon a determination that the information does not qualify for protection, the applicant will be notified and has seven days to request a hearing before the commission, or obtain appropriate injunctive relief from the courts. If no hearing is requested or the commission is not…

A request for hearing must be in writing. An original and seven copies of the request must be filed with the executive secretary of the commission. The request must identify the reason the information should be disclosed, or not protected. In any hearing the burden of proof is on…

1. The commission and its staff, and any outside counsel retained by the commission, may view protected information filed with the commission at any time. However, the commission and its staff are bound by the terms of these rules to keep the information confidential and must exe…

To the extent that reference is made to any protected information by a person afforded access to such information during any aspect of the proceeding, the information should be referenced only by its title or its exhibit identification, or in a manner that does not unnecessarily …

Any part of the record of a proceeding containing protected information, including exhibits and transcript pages, must be protected unless otherwise ordered by the commission. If a commission order requires a finding based on protected information, the order must reference the co…

Copies of the protected information may be made for use during a hearing for persons bound by these rules. If copies are made for hearing purposes, they must be numbered. Upon the completion of the hearing, all copies of the information must be returned to the disclosing party or…

When an order of the commission is appealed and the documents are certified to court, copies must be made of the protected information. The copies of protected information must be placed in a sealed envelope, or other appropriate, sealed container, and labeled: "PROTECTED INFORMA…

Except for information filed under section 69-02-09-13, when a case or file containing protected information has been closed for one year the commission will dispose the protected information by shredding. History: Effective January 1, 2001; amended effective April 1, 2015. Gener…

Information identified in subsections 1 through 5 of this section is protected without need for the originator to file an application and without further action by the commission, unless the commission orders otherwise. Subsections 1 through 4 of section 69-02-09-01, subsection 1…

As used in this chapter: 1. "Act" means the federal Telecommunications Act of 1996 [Pub. L. No. 104-104]. 2. "Arbitration" is a dispute resolution process by which a neutral third party renders a decision on disputed issues which is binding on the parties, subject to commission a…

These rules govern arbitrations of open or unresolved issues which arise under sections 251 and 252 of the Act, where one or more of the parties to a particular negotiation petition for arbitration. History: Effective July 1, 1997. General Authority: NDCC 28-32-02, 49-02-11 Law I…

The parties may be represented by counsel. The attorney for a party may act on the party's behalf. History: Effective July 1, 1997. General Authority: NDCC 28-32-02, 49-02-11 Law Implemented: NDCC 28-32-05.1, 49-01-07

The arbitration process is commenced with the filing of a petition with the commission pursuant to section 252(b)(1) of the Act by any party to the negotiation process within the time period designated in the Act. The arbitration process is deemed to begin on the date the petitio…

The petition must be filed in accordance with the commission's rules of practice and procedure. The petition must include the following information: 1. The name, address, telephone number, e-mail address, and fax number of the party making the request. 2. The name, address, telep…

Relevant documentation, for purposes of an arbitration proceeding, includes: 1. A brief or other written statement addressing the disputed issues, applicable state or federal law, and applicable state or federal regulations. 2. In the case of price disputes, the incumbent local e…

Under section 252(b)(3) of the Act, a nonpetitioning party to a negotiation may respond to a petition for arbitration within twenty-five days after the commission receives the petition, and may present additional issues and provide additional relevant documentation it wishes to h…

The party or parties that request arbitration shall provide the commission, within no less than fifteen days from when the petition for arbitration is filed, names and qualifications of at least two qualified neutral arbitrators that are acceptable to all parties to the negotiati…

The commission shall select and appoint a qualified arbitrator from the list provided by the parties. If the parties are unable to comply with the requirements of section 69-02-10-08, the commission shall appoint an arbitrator it determines to be qualified who may be a person fro…

The commission shall appoint the arbitrator within twenty days after a petition has been filed. History: Effective July 1, 1997. General Authority: NDCC 28-32-02, 49-02-11 Law Implemented: NDCC 28-32-05.1, 49-01-07

A party may not have any ex parte communication with the arbitrator or technical advisor regarding any issue related to the arbitration except for scheduling purposes. History: Effective July 1, 1997. General Authority: NDCC 28-32-02, 49-02-11 Law Implemented: NDCC 28-32-05.1, 28…

The parties to the arbitration proceeding shall contract directly with the arbitrator for the arbitration services and shall pay all costs and fees of the arbitrator and outside consultants retained to assist the arbitrator. Costs associated with the arbitration process which are…

The arbitrator appointed by the commission, in addition to having the authority to arbitrate the disputed issues, has the authority of a hearing officer and will conduct the procedural aspects of the arbitration proceeding. History: Effective July 1, 1997. General Authority: NDCC…

The arbitrator shall schedule a prehearing conference to be held no later than two hundred days from the date of making the request for negotiation. The purpose of the prehearing conference is to discuss a procedural schedule that conforms to the requirements of the Act, North Da…

Within fifteen days after the prehearing conference, the commission shall issue a notice of hearing specifying the disputed issues that are the subject of the arbitration proceeding. The notice of arbitration hearing must be issued as required under North Dakota Century Code Chap…

Participation in the arbitration process must be limited to the petitioning party, the responding party, and the commission staff. Commission staff personnel may participate in both advocacy or advisory roles. In the event staff participates in an advocacy role, the commission wi…

The petition, response, accompanying materials, and all other documentation provided to the commission are subject to the North Dakota open records laws. A party may request trade secret protection for information by filing an application with the commission under the provisions …

The parties shall cooperate in good faith in the voluntary, prompt, and informal exchange of all documents and other information relevant to the disputed issues, subject to claims of privilege or confidentiality. 1. The parties shall exchange copies of all documents in their poss…

The provisions of North Dakota Century Code chapter 28-32 control discovery in arbitration proceedings. In the event any party fails or refuses to informally exchange requested information and documents, the other parties may: 1. Submit a request to conduct discovery in accordanc…

The parties to the arbitration proceeding shall file prepared written testimony relating to all of the disputed issues in the proceeding within the time frame established in the prehearing conference order. History: Effective July 1, 1997. General Authority: NDCC 28-32-02, 49-02-…

Any party to the arbitration proceeding that receives a discovery request from another party or from the arbitrator shall produce all discoverable information within the time period established in these rules or the procedural order. If any party refuses or fails unreasonably to …

All witnesses shall present their testimony at the hearing under oath. The witnesses shall authenticate their prefiled testimony and be subjected to direct examination and cross-examination. History: Effective July 1, 1997. General Authority: NDCC 28-32-02, 49-02-11 Law Implement…

The arbitrator will consider evidence relevant and material to the dispute, giving the evidence such weight as the arbitrator determines is appropriate. Exhibits to the record may be offered by either party and may be received into evidence by the arbitrator. The admissibility of…

The parties may at any time return to mediation to attempt to resolve disputed issues and the parties may involve the arbitrator in such mediation efforts. The participation of the arbitrator in such mediation efforts does not disqualify the arbitrator from continuing in the arbi…

A stenographic record of each arbitration hearing must be made. The arbitrator may require an expedited copy of each hearing to be filed with the commission. The commission shall designate the court reporter for the proceeding. The parties shall pay the fees and costs of the repo…

The arbitrator shall use final offer arbitration or modified final offer arbitration as directed by the commission, except as otherwise provided in this section: 1. At the discretion of the arbitrator, the final offer arbitration process may take the form of either entire package…

The petitioner and the respondent shall each file a posthearing brief and a final offer arbitration agreement no later than ten days after the filing of the hearing transcript. The hearing officer has the discretion to shorten the time for filing. The posthearing briefs of each p…

Final offers submitted by the parties must: 1. Meet the requirements of section 251 of the Act and all rules prescribed by the federal communications commission pursuant to that section. 2. Establish rates for interconnection, services, or access to unbundled network elements acc…

The arbitrator shall issue an arbitrator's decision which shall constitute resolution of the issues submitted for arbitration, subject to final commission approval. The arbitrator's decision shall include: 1. A summary of the material evidence presented; 2. A discussion of the is…

The parties shall jointly file with the commission an agreement incorporating the provisions adopted through negotiation and arbitration within thirty days after the filing of the arbitrator's decision. The combined agreement will be referred to as the interconnection agreement. …

Any person may file written comments on the interconnection agreement within fifteen days of the date of filing of the agreement with the commission. Each of the arbitrating parties may also file comments within the same time frame. History: Effective July 1, 1997. General Author…

Within thirty days following the filing of the interconnection agreement, the commission shall issue a decision approving or rejecting the agreement. History: Effective July 1, 1997. General Authority: NDCC 28-32-02, 49-02-11 Law Implemented: NDCC 28-32-05.1, 49-01-07

The arbitration procedure must be governed by the provisions of the Telecommunications Act of 1996, Public Law No. 104-104, 101 Stat. 56 (1996); the North Dakota Administrative Practices Act; North Dakota Century Code chapter 28-32; the commission's rules of practice and procedur…

As used in this chapter: 1. "Act" means the federal Telecommunications Act of 1996 [Pub. L.No. 104-104]. 2. "Commission" means the North Dakota public service commission. 3. "Mediation" means an informal, confidential, and nonadversarial process by which a neutral third party ass…

Under section 252(a)(2) of the Act, any party negotiating an agreement for interconnection, services, or network elements pursuant to section 251 of the Act, may at any point in the negotiation request the commission to participate in the negotiation and to mediate any difference…

The commission shall appoint a mediator within ten days after a request is filed. 1. The parties may select a mutually agreeable mediator and inform the commission in writing of the name and qualifications of the mediator. The commission shall appoint the mediator 1 selected by t…

The mediation process is an informal, confidential, and nonadversarial process in which an impartial person, the mediator, assists the parties in efforts to resolve differences between them. The mediator has no authority to compel a resolution. 1. To the extent there is a conflic…

Mediation must terminate upon execution of a mediated agreement by the parties, filing of a notice with the commission by a party that mediation is terminated, failure of a party or parties to negotiate in good faith, or notification to the commission by the mediator that further…

The mediation procedure must be governed by the provisions of the Telecommunications Act of 1996, Public Law No. 104-104, 101 Stat. 56 (1996); the North Dakota Administrative Practices Act, North Dakota Century Code chapter 28-32; the commission's rules of practice and procedure;…