(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.