38.5.2740    APPROVAL PROCESS

(1) The 10 day period immediately following the filing and service of the application constitutes a comment period for interested parties. However, nothing herein shall be interpreted to preclude interested parties from filing comments or requesting a hearing more than 10 days after filing and service of the application.

(2) Following the 10 day comment period, the commission may:

(a) Approve the application,

(b) Deny the application,

(c) Suspend the offering of the service, or

(d) Grant interim approval of the offering of the service.

(3) If the commission has not acted within 30 days following the filing and service of the application, the carrier may proceed to offer the service.

(4) Regardless of the form of approval, disapproval or suspension, the commission may conduct further investigations, hold hearings or public meetings, and take other appropriate actions at any time.

(5) In deciding whether to approve a new service as detariffed, the commission may consider:

(a) whether the service falls within the definition of "new service," � 69-3-808, MCA and ARM 38.5.2732;

(b) whether approval is consistent with the purposes of the Montana Telecommunications Act, � 69-3-802, MCA;

(c) whether approval would encourage competition, have no effect on competition, or be anti-competitive;

(d) whether approval would violate any other provisions of the Montana Telecommunications Act, 69-3-801 et seq., MCA or Title 69, MCA; and

(e) any other information or factor relevant to the public interest.

History: Sec. 69-3-822, MCA; IMP, Sec. 69-3-810, MCA; NEW, 1993 MAR p. 1336, Eff. 6/25/93.