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600 E. Boulevard, Dept. 408
Bismarck, ND 58505-0480

701.328.2400 - Phone
877.245.6685 - Toll-Free
800.366.6888 - TTY
701.328.2410 - Fax
ndpsc@nd.gov

Know What's Below, Call before you dig.

Important Notice Regarding Process for
Pending Interconnection Agreements

Interconnection agreements are filed under Section 252(e) of the Telecommunications Act of 1996 (Act) which requires that any agreement adopted by negotiation or arbitration be submitted to the Commission for approval. Section 252(e)(4) of the Act provides that agreements adopted by negotiation will be deemed approved if the Commission does not act to approve or reject the agreement within 90 days after submission.

Effective for agreements filed on or after November 20, 2003, the Commission will no longer take action to approve interconnection agreements adopted by negotiation and consequently will no longer issue any formal notices inviting written comments. Pending negotiated agreements will be listed here, together with the date each was filed and links to the agreement itself. Please note that it may take one working day for a filed agreement to appear on or be removed from this list. The Commission will receive written comments on each listed agreement for 60 days from the date filed. Absent Commission action within 90 days of filing to reject an agreement (or portion thereof) adopted by negotiation, the agreement will be deemed approved under section 252(e)(4) of the Act. Any assignment, assumption or transfer of an approved agreement requires a new filing with a new 90 day review and comment period.

Under section 252(e)(2)(A) of the Act, the Commission may only reject an agreement (or portion thereof) adopted by negotiation if the Commission finds that:

  1. the agreement (or portion thereof) discriminates against a telecommunications carrier that was not a party to the agreement;
  2. the implementation of the agreement (or portion thereof) is not consistent with the public interest, convenience, and necessity

In addition, the Commission may include in its review state requirements that do not constitute barriers to entry under section 253 of the Act.

For more information contact the Public Service Commission, State Capitol, Bismarck, North Dakota 58505, 701-328-2400; or Relay North Dakota 1-800-366-6888 TTY. If you require any auxiliary aids or services, such as readers, signers, or Braille materials please notify Darrell Nitschke, Executive Secretary.

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