(1) The commission may consider designating an
area of exchanges a "region" and, as may be necessary, one or more
individual exchanges in the region "required exchanges" when the
circumstances so demand, including when:
(a) multiple exchanges share a community of
interest with a common exchange;
(b) unsuccessful, impractical, inequitable, or
problematic EAS would exist in the absence of designation as a region
(including when customer confusion is likely to occur or when overlapping,
bridging, or like methods of avoidance of toll charges are possible) ; or
(c) two or more exchanges are petitioning the
same exchange for EAS, one exchange is petitioning two or more exchanges for
EAS, a petitioning exchange is contiguous to, or within, a designated region,
the petitioned exchange is within a region, or like circumstances or conditions
exist.
(2) The designation of an area as a region may
also be considered on petition signed by at least 30 percent of the customers
within any petitioning exchange or an application by a regulated or unregulated
local exchange company.
(3) Designation of an area of exchanges as a
region is in the commission's discretion and the commission retains the option
to deny EAS to affected individual exchanges if it determines that regional EAS
would be contrary to the public interest under the circumstances.
(4) Exchanges within a region need not meet the
threshold calling criteria established in ARM 38.5.1313 with all other
exchanges within the region, but:
(a) must meet the criteria with at least one
exchange within the region; or
(b) be designated a "required
exchange" by the commission.
(5) Except as provided above, regional EAS will
be considered under the same procedure and criteria as exchange-to-exchange
EAS, with reasonable variation and allowance to accommodate the increase in
number of exchanges affected and initial involvement of "required exchanges."