Article 44 Resolution of Disputes between Service Providers
The Commission shall deal with all disputes between service providers that are referred to it. In doing so, the Commission may use one or more of the dispute resolution methods set out in this Chapter.
Article 45 Consensual Resolution
45.1 Where a dispute exists between two or more service providers, without prejudice to the Act, the parties to the dispute may submit a request for consensual resolution to the Commission.
45.2 No request for consensual resolution may be brought under this Article until the parties to the dispute have negotiated in good faith for a minimum period of sixty (60) days and:
a ) Have been unable to reach agreement; or
b ) The conduct of one party has made it clear that further negotiations will not be productive
45.3 A request for consensual resolution or application under this Article must request resolution of all of the issues in dispute.
45.4 Consensual proceedings shall be confidential, except to the extent that disclosure of information related to the proceedings is required by law.
45.5 One or more of the parties to the dispute shall submit the request for consensual resolution. The request shall set out the following information:
a ) A statement that a dispute exists between the parties listed in the request;
b ) A statement of facts and issues upon which the parties agree;
c ) A statement of facts and issues upon which the parties do not agree;
d ) A statement from each party setting out its position on each disputed fact and issue;
e ) A statement from each party setting out its position on the other party’s position on disputed facts and issues;
f ) A statement setting out the dispute resolution approach sought from the Commission; and
g ) A statement setting out a proposed timetable for resolution of the dispute
45.6 Within fifteen (15) days after receipt of a request, the Commission shall advise the parties in writing whether it has:
a ) Agreed to proceed by way of consensual resolution;
b ) Accepted the proposed dispute resolution approach; and
c ) Accepted the proposed timetable for resolution
45.7 The Commission may deny a request for consensual resolution. In such a case, the Commission shall deal with the dispute by way of a rule-making proceeding in accordance with the Rules of Procedure.
45.8 In deciding whether to accept a request for consensual resolution under this Article or to proceed by way of a rule-making proceeding, the Commission shall consider whether:
a ) Resolution of the dispute will have regulatory or precedent value and whether a proceeding under this Article will likely be accepted generally as an adequately authoritative precedent;
b ) The dispute raises policy issues that may extend beyond the interests of the parties involved and that may require additional comment from other concerned parties before a final resolution may be made; and
c ) The dispute may potentially have a material effect on persons who are not parties to the proceeding
45.9 The Commission may approve a request for consensual resolution but not approve the proposed dispute resolution approach or timetable. The Commission shall appoint an inquiry officer under Article 8 of this Bylaw, who shall propose an approach and timetable in consultation with the parties. In case of disagreement on the consensual resolution approach and timetable, the Commission may decide to proceed by way of a rule-making proceeding, in accordance with the Rules of Procedure.
45.10 Where the Commission approves a request for consensual resolution and decides upon a dispute resolution approach and timetable, the Commission shall appoint a person to conduct the consensual resolution and specify the procedure and the schedule to be followed. The procedure may include one or more of the following:
a ) A process in which an inquiry officer is appointed under Article 8 of this Bylaw to mediate a mutually acceptable resolution of the dispute;
b ) a process in which an inquiry officer is appointed under Article 8 of this Bylaw with the mandate to request that the parties to the dispute submit ‘final offers’, and the mandate to select one of the final offers;
c ) a process in which the Commission makes a decision to resolve the dispute, with or without the steps set out in paragraphs 45.10(a) and 45.10(b) of this Article or other procedures; or
d ) A requirement that the parties agree to be bound by the final determination of the dispute.
Article 46 Mandated Resolutions
46.1 Where a dispute exists between two or more service providers and the parties cannot agree on consensual resolution, a party to the dispute may file an application with the Commission for mandated resolution under this Article. Where the dispute involves issues relating to interconnection, the Commission’s resolution shall be made in accordance with any Interconnection Guidelines that have been published at the time.
46.2 Within fifteen (15) days after receipt of an application under this Article, the Commission shall set out the time within which the named respondent in the application may file an answer to the application and the time within which the applicant may file a reply to the answer.
46.3 The Commission shall establish, in each proceeding, the time limits for a person to submit a document to the Commission pursuant to this Article. In establishing time limits, the Commission shall take into account:
a ) The complexity of the information to be submitted; and
b ) The ease with which the information can be obtained by the person required to submit it
46.4 A respondent to the application shall file its answer with the Commission and the applicant in accordance with the Commission’s decision on procedure. The answer shall admit all facts and issues set out in the application with which the respondent agrees.
46.5 If a respondent does not file an answer within the time required by the Commission’s decision, the Commission may make a decision on the application without further notice to the respondent.
46.6 An applicant shall file its reply with the Commission and the respondent in accordance with the Commission’s decision on procedure. The reply shall admit all facts and issues set out in the answer with which the applicant agrees.
46.7 When the reply is filed or the time for its filing has expired, no further documents may be submitted, except by decision of the Commission.
46.8 The Commission shall communicate its decision on the application to all parties to the dispute, promptly after the decision is made.