54-8b-16 - Public Service Commission authority to enforce interconnection service quality standards and interconnection agreements -- Grounds for filing complaint.
54-8b-16. Public Service Commission authority to enforce interconnection servicequality standards and interconnection agreements -- Grounds for filing complaint.
(1) For purposes of this section, "interconnection service quality standards" meansspecific, measurable criteria that shall be applied to a telecommunications corporation, includingobligations pursuant to Section 251 of the Federal Telecommunications Act, regarding thetelecommunications corporation's provision of or request for:
(a) interconnection services;
(b) services for resale;
(c) unbundled network elements; and
(d) access to operations support systems that support those services and elements.
(2) To serve the public interest and to enable the development and growth of competitionwithin the telecommunications market in the state, the commission shall, by order whenconsidered necessary by the commission, enforce:
(a) rules regarding interconnection service quality standards adopted by the commissionunder authority of this chapter;
(b) a commission approved interconnection agreement pursuant to Sections 251 and 252of the Federal Telecommunications Act; and
(c) a statement of generally available terms under Section 252(f) of the FederalTelecommunications Act.
(3) An aggrieved party may file a complaint under Subsection 54-8b-2.2(1)(e) with thecommission for a violation of:
(a) the terms of the commission's interconnection service quality rules;
(b) the terms or conditions of an interconnection agreement;
(c) a statement of generally available terms; or
(d) a telecommunications corporations' obligations under the FederalTelecommunications Act.
(4) In a proceeding described in Subsection (3), the commission shall have the power toenforce:
(a) the terms of the interconnection agreement;
(b) the commission's interconnection service quality rules;
(c) the statement of generally available terms; or
(d) the telecommunications corporation's obligations pursuant to the FederalTelecommunications Act.
Enacted by Chapter 96, 1998 General Session