Administrative Rules of Montana
Department 38 - PUBLIC SERVICE REGULATION
Chapter 38.5 - UTILITY DIVISION
Subchapter 38.5.27 - Telecommunications Act
Rule 38.5.2740 - APPROVAL PROCESS

Universal Citation: MT Admin Rules 38.5.2740

Current through Register Vol. 24, December 20, 2024

(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.

Sec. 69-3-822, MCA; IMP, Sec. 69-3-810, MCA;

Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.