54-8b-2.2 - Interconnection.
54-8b-2.2. Interconnection.
(1) (a) (i) The commission may require any telecommunications corporation tointerconnect its essential facilities with another telecommunications corporation that providespublic telecommunications services in the same, adjacent, or overlapping service territory.
(ii) Interconnecting telecommunications corporations shall permit the mutual exchangeof traffic between their networks without unreasonable blocking or other unreasonablerestrictions on the flow of traffic. In determining unreasonable blocking or unreasonablerestrictions, the commission shall, among other things, take into account the necessity and timerequired for adapting the network to respond to significant changes in usage patterns.
(b) (i) Whenever the commission grants a certificate to one or more telecommunicationscorporations to provide public telecommunications services in the same or overlapping serviceterritories, all telecommunications corporations providing public telecommunications services inthe affected area shall have the right to interconnect with the essential facilities and to purchasethe essential services of all other certificate holders operating in the same area on anondiscriminatory and reasonably unbundled basis.
(ii) Each telecommunications corporation shall permit access to and interconnection withits essential facilities and the purchase of its essential services on terms and conditions, includingprice, no less favorable than those the telecommunications corporation provides to itself and itsaffiliates.
(c) Nothing in this section shall prevent a telecommunications corporation from enteringinto nondiscriminatory agreements for interconnection with its essential facilities and thepurchase and sale of essential services.
(d) (i) A telecommunications corporation shall file with the commission the prices,terms, and conditions of any agreement it makes for the interconnection of essential facilities orthe purchase or sale of essential services.
(ii) The agreement shall take effect 10 days after filing.
(iii) Each telecommunications corporation shall allow any other telecommunicationscorporation to obtain interconnection with its essential facilities and to purchase essentialservices on prices, terms, and conditions no less favorable than those on file with thecommission.
(e) If there is a dispute over interconnection of essential facilities, the purchase and saleof essential services, or the planning or provisioning of facilities or unbundled elements, one orboth of the disputing parties may bring the dispute to the commission, and the commission, byorder, shall resolve the dispute on an expedited basis.
(f) It is not a discriminatory pricing practice to vary prices to reflect genuine costdifferences.
(2) (a) The commission shall adopt rules or issue an interim order which implements byDecember 31, 1996, the competitive provision of facilities-based intraLATA toll and localexchange services.
(b) The rules or interim order shall address those issues the commission determines areessential for a competing telecommunications corporation to provide intraLATA toll and localexchange services and necessary to protect the public interest, including the interconnection withessential facilities and the purchase and sale of essential services of telecommunicationscorporations authorized to provide public telecommunications services in the same oroverlapping service territories on a nondiscriminatory and reasonably unbundled basis.
(3) (a) By December 31, 1997, the commission shall adopt additional rules or issue afinal order to implement the competitive provision of facilities-based intraLATA toll and localexchange services.
(b) The rules or final order shall address other issues relating to:
(i) competition for intraLATA toll and local exchange services;
(ii) blocking, timing of provisioning of unbundled elements, and service qualitystandards for interconnecting carriers;
(iii) the transition to a competitive market; and
(iv) the protection of the public interest.
(4) Nothing in this section shall require or prohibit the commission from orderingchanges in dialing patterns for intraLATA toll services.
(5) If the commission, by order, approves the application of a telecommunicationscorporation to provide public telecommunications services in all or part of the service territorycertificated to an incumbent telephone corporation before the adoption of the rules or final orderdescribed in Subsection (3), the commission may:
(a) order the interconnection of essential facilities and the purchase and sale of theessential services of a telecommunications corporation with those of a competingtelecommunications corporation on such terms and conditions and to the extent necessary toallow the competing telecommunications corporation to operate under authority granted by thecommission; and
(b) address and resolve, by order, other issues necessary for the competitive provision ofintraLATA toll and local exchange services.
Amended by Chapter 226, 1997 General Session