(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.