38.5.4110    BALLOTING

(1) In exchanges with existing interLATA dialing parity, balloting will not be used to determine each customer's primary intraLATA carrier.

(2) In exchanges where interLATA dialing parity is not in place prior to receipt of a bona fide request for intraLATA equal access presubscription, balloting for both interLATA and intraLATA equal access presubscription shall be conducted concurrently. The balloting shall be carried out in accordance with the requirements for interLATA equal access presubscription established by the Federal Communications Commission in CC Docket 83-1145, Phase I.

(3) Interexchange carriers intending to be included in all informational materials of ballots furnished to customers in advance of initial implementation of intraLATA and interLATA equal access presubscription to be implemented concurrently in any exchange shall advise the local exchange carrier or primary toll carrier in writing at least 90 days prior to the scheduled implementation date. The local exchange carrier or primary toll carrier shall then include the interexchange carrier in all materials and forms listing providers.

History: 69-3-103, 69-3-822, MCA; IMP, 69-3-102, 69-3-201, 69-3-834, MCA; NEW, 1998 MAR p. 983, Eff. 4/17/98.