§ 54-8b-16. Public Service Commission authority to enforce interconnection service quality standards and interconnection agreements -- Grounds for filing complaint.

(1) For purposes of this section, "interconnection service quality standards" means specific, measurable criteria that shall be applied to a telecommunications corporation, including obligations pursuant to Section 251 of the Federal Telecommunications Act, regarding the telecommunications 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 competition within the telecommunications market in the state, the commission shall, by order when considered necessary by the commission, enforce:

(a) rules regarding interconnection service quality standards adopted by the commission under authority of this chapter;

(b) a commission approved interconnection agreement pursuant to Sections 251 and 252 of the Federal Telecommunications Act; and

(c) a statement of generally available terms under Section 252(f) of the Federal Telecommunications Act.

(3) An aggrieved party may file a complaint under Subsection 54-8b-2.2(1)(e) with the commission 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 Federal Telecommunications Act.

(4) In a proceeding described in Subsection (3), the commission shall have the power to enforce:

(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 Federal Telecommunications Act.

Enacted by Chapter 96, 1998 General Session