38.5.4001    SCOPE AND PURPOSE OF RULES

(1) This subchapter governs all hearings and other proceedings before the Montana public service commission which relate to agreements between carriers seeking to provide competitive local exchange services in Montana. This subchapter shall be construed to secure the just, speedy and inexpensive determination of every action. All rules promulgated by the commission with regard to other adjudicative proceedings are superseded by this subchapter in proceedings governed by them to the extent they conflict with this subchapter.

(a) All references made in state or federal statutes and regulations to state commission proceedings for dispute resolution and approval of negotiated or arbitrated agreements for interconnection, services or network elements shall be governed by this subchapter.

(b) All matters before the Montana public service commission relating to negotiated or arbitrated agreements for interconnection, services or network elements shall be governed by this subchapter.

(c) Proceedings referred to in the Federal Telecommunications Act of 1996 (1996 Act) will be governed by this subchapter. The commission may waive, suspend or modify these rules for good cause to expedite a decision, prevent manifest prejudice to a party, assure a fair hearing, afford substantial justice, or fulfill its obligations under the 1996 Act.

(d) All controversies arising under provisions of state and federal law pursuant to negotiated or arbitrated agreements for interconnection, services or network elements involving the interpretation and application of such agreements shall be governed by this subchapter, except that parties to an agreement for interconnection, services or network elements may include methods allowed by applicable federal or state law for resolving disputes over the interpretation and application of terms and conditions in their agreement.

(2) The purpose of this subchapter is to provide guidelines and procedures for the commission to carry out its duties pursuant to the 1996 Act. The commission imposes this subchapter for competition within local service areas in order to encourage competitive entry, preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers while ensuring that the rates charged and services rendered by telecommunications services providers are just and reasonable.

History: Sec. 69-3-103, MCA; IMP, Secs. 69-3-102 and 69-3-201, MCA; NEW, 1997 MAR p. 319, Eff. 2/11/97.