§269-37 Compensation agreements. The commission shall ensure that telecommunications carriers are compensated on a fair basis for termination of telecommunications services on each other's networks, taking into account, among other things, reasonable and necessary costs to each telecommunications carrier of providing the services in question. Telecommunications carriers may negotiate compensation arrangements, that may include "bill and keep", mutual and equal compensation, or any other reasonable division of revenues pending tariff access rates to be set by the commission. Upon failure of the negotiations, the commission shall determine the proper methodology and amount of compensation. [L 1995, c 225, pt of §2]
Case Notes
The statutes and rules cited by defendants did not require dismissal of the billing disputes on the basis of primary jurisdiction. Sections 269-6 and 269-16 and this section did not place the action in the instant case within the "special competence" of the public utilities commission (PUC); the statutes provided the PUC with authority to take certain actions as an administrative agency, but the authority granted to the PUC over certain types of billing disputes is shared with the courts. 131 H. 257, 318 P.3d 97 (2013).
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