(1) A telecommunications service provider may assert that a service it offers is not regulated by informing the commission of its intent to offer the service as not regulated no later than 90 days prior to offering the service as not regulated. The following information shall be provided to the commission:

(a) the name and address of the provider;

(b) a complete description of the service asserted to be not regulated, including an engineering description;

(c) a description of the market and geographic area in which the service is or will be offered;

(d) the type, and an estimate of the number, of existing and potential customers offered the service; and,

(e) an affidavit that all persons and organizations on the telecommunications mailing list have been notified as required in ARM 38.5.2706.

(f) within 10 days of filing the information requested in (a) through (e) , an affidavit that all customers of the service, if any, have been appropriately informed of the provider's intent to offer the service as not regulated;

(g) The commission may require additional information from the provider.

(2) Any interested party may assert that a telecommunications service should be offered as not regulated telecommunications. The burden of proof is on the party attempting to establish that the service is not regulated. Such a request will be considered a complaint subject to the requirements of ARM 38.2.2101 through 38.2.2107.

(3) The commission may initiate an inquiry regarding whether a regulated telecommunications service should be offered as not regulated.