38.5.8413    DISPUTE RESOLUTION

(1) A party shall attempt to resolve all disputes regarding interconnection as provided in ARM 38.5.8401 through 38.5.8412 promptly, equitably, and in a good faith manner.

(2) When a dispute arises, a party may seek immediate resolution through complaint procedures available through the commission, or an alternative dispute resolution process approved by the commission, by providing written notice to the commission and the other party stating the issues in dispute. Dispute resolution shall be conducted in an informal, expeditious manner to reach resolution with minimal costs and delay. When available, dispute resolution may be conducted by phone.

(3) When disputes relate to the technical application of this section, the commission may designate a technical master to resolve the dispute. Upon commission designation, the parties shall use the technical master to resolve disputes related to interconnection. Costs for a dispute resolution conducted by the technical master shall be established and allocated by the technical master, subject to review and approval or disapproval by the commission.

(4) Pursuit of dispute resolution may not affect an applicant with regard to consideration of an interconnection request or an applicant's line section queue position.

History: 69-3-103, MCA; IMP, 69-3-102, MCA; NEW, 2010 MAR p. 1801, Eff. 8/13/10.