38.5.2711    REGULATION OF RATES AND CHARGES

(1) All regulated telecommunications service may be subject to this rule. Nothing in these rules authorizes the detariffing of any ser- vice for which there is no alternative provider of such service.

(2) The commission may initiate a determination of whether alternatives to rate setting are appropriate or the telecommunications provider or an interested party may request a determination. If the commission initiates the determination it must notify all parties on the telecommunications mailing list that it intends to consider alternatives to rate setting and may give any additional notice it deems appropriate. If a telecommunications provider or an interested party petitions the commission for an alternative to rate setting it shall notify all parties on the telecommunications mailing list.

(3) To make its determination the commission may use contested case procedure, or if no hearing is requested, act without a hearing.

(4) A petition for an alternative to specific rates, tariffs or fares pursuant to 69-3-807(2) (a) through (e) , MCA, shall contain the following information:

(a) a complete description of the service proposed to be detariffed;

(b) the number and type of customer affected;

(c) the service territory in which the proposed detariffed service will be offered;

(d) the name and address of alternative service providers offering the service in the territory;

(e) the justification for detariffing the service; and

(f) an affidavit that all persons and entities on the telecommunications mailing list have been notified as required in part (3) of this rule.

(g) the commission may require additional information to make its determination.

History: Sec. 69-3-822, MCA; IMP, Sec. 69-3-807, MCA; NEW, 1986 MAR pp. 803-804, Eff. 5/16/86.