Section 6-80-53 - Arbitration(a) During the period from the one hundred thirty-fifth to the one hundred sixtieth day (inclusive) following the date upon which a carrier receives a bona fide request for access, interconnection, or unbundling or for a network termination agreement, the carrier or any other party to the negotiation may petition the commission in writing for the commission to arbitrate any unresolved issues. Such a petition must: (1) To the extent practicable and applicable, conform to the provisions of chapter 6-61, subchapter 2;(2) Set forth: (A) The unresolved issues;(B) The position of each party relating to those issues; and(C) Any other issues discussed and resolved by the parties; and(3) Include all relevant documents and materials relating to subsection (2). The commission may request from any of the parties to the negotiation further information or materials necessary for the commission to reach a decision on the unresolved issues. If any party refuses or fails unreasonably to respond on a timely basis to any reasonable request from the commission, the commission may then proceed on the basis of the best information available to it, regardless of the originating source.
(b) The petitioner shall serve a copy of the petition for arbitration on all parties to the negotiation and on the consumer advocate not later than by the date upon which the petition is filed with the commission. A non-petitioning party to the negotiation may file with the commission a response to the petition within twenty-five days following the filing of the petition for arbitration.(c) The commission shall limit its consideration and any response to a petition for arbitration to the issues set forth in the petition and the response, if any. The commission shall resolve each unresolved issue set forth in the petition and the response, if any, by imposing appropriate conditions upon the parties as required to implement access, interconnection, unbundling, and network termination, not later than nine months following the date upon which the carrier received the bona fide request for access, interconnection, or unbundling, or for a network termination agreement.(d) In resolving by arbitration any unresolved issues and imposing appropriate terms and conditions upon the parties, the commission shall: (1) Ensure that such resolution and conditions meet the requirements of:(B) FCC regulations implementing 47 U.S.C. §251; and(C) The applicable provisions of this chapter;(2) Establish any rates for access, interconnection, unbundling, or network termination that are just and reasonable, cost-based, and nondiscriminatory and in accordance with:(B) FCC regulations implementing 47 U.S.C. §251; and(C) The applicable provisions of this chapter; and(3) Provide a schedule for the implementation of the terms and conditions by the parties to the agreement.[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-34 to 43, 47 U.S.C. §§251, 252 )