Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4002 - TERMS AND DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Terms used in this subchapter have the following
				  meanings:
(1) "Arbitrated agreement"
				means an agreement between telecommunications carriers for interconnection,
				services or network elements pursuant to the 1996 Act, which is reached through
				arbitration or a combination of negotiation and arbitration.
(2) "Arbitration" means an alternative
				dispute resolution process in which a neutral third party decides a matter in
				dispute. Arbitration is an investigatory contested case proceeding under the
				Montana Administrative Procedure Act. The term arbitration as used in the 1996
				Act is not arbitration under either the United States Arbitration Act,
				9
				USC 1, et seq., or the Montana Uniform
				Arbitration Act,
				27-2-401,
				MCA, et seq.
(3) "CMRS" is
				commercial mobile radio service.
(4) "Commission" refers to the Montana public
				service commission.
(5) "Contested
				case" means any proceeding in which a determination of legal rights, duties or
				privileges of a party is required by law. Such proceedings are required by law
				whenever the Montana legislature has so provided or where constitutional due
				process requires a hearing.
(6)
				"FCC" is the federal communications commission.
(7) "Incumbent LEC" means, with respect to an
				area, the LEC that on February 8, 1996, provided telephone exchange service in
				that area.
(8) "Interconnection" is
				the physical linking of two networks for the mutual exchange of traffic. This
				term does not include the transport and termination of traffic.
(9) "Local exchange carrier (LEC) " is any
				person or entity that is engaged in the provision of telephone exchange service
				or exchange access but does not include CMRS providers.
(10) "Mediation" means an alternative dispute
				resolution process in which a neutral third party assists the disputants in
				reaching their own agreement but does not have the authority to make a binding
				decision.
(11) "Meet point" is a
				point of interconnection between two networks, designated by two
				telecommunications carriers, at which one carrier's responsibility for service
				begins and the other carrier's responsibility ends.
(12) "Meet point interconnection arrangement"
				is an arrangement by which each telecommunications carrier builds and maintains
				its network to a meet point.
(13)
				"Network element" is a facility or equipment used in the provision of a
				telecommunications service. Such term also includes, but is not limited to,
				features, functions, and capabilities that are provided by means of such
				facility or equipment, including but not limited to, subscriber numbers,
				databases, signaling systems, and information sufficient for billing and
				collection or used in the transmission, routing or other provision of a
				telecommunications service.
(14)
				"Negotiated agreement" means a voluntary agreement between telecommunications
				carriers for interconnection, services or network elements pursuant to the 1996
				Act.
(15) "The 1996 Act" means the
				Telecommunications Act of 1996, Public Law No. 104-104, amending the
				Telecommunications Act of 1934,
				47
				USC 151, et seq.
(16) "Number portability" means the ability
				of users of telecommunication services to retain, at the same location,
				existing telecommunications numbers without impairment of quality, reliability
				or convenience when switching from one telecommunications carrier to
				another.
(17) "Open issues" means
				any unresolved difference(s) arising in the negotiations.
(18) "Physical collocation" is an offering by
				an incumbent LEC that enables a requesting telecommunications carrier to:
(a) place its own equipment to be used for
				interconnection or access to unbundled network elements within or upon an
				incumbent LEC's premises;
(b) use
				such equipment to interconnect with an incumbent LEC's network facilities for
				the transmission and routing of telephone exchange service, exchange access
				service or both or to gain access to an incumbent LEC's unbundled network
				elements for the provision of a telecommunications service;
(c) enter those premises, subject to
				reasonable terms and conditions, to install, maintain, and repair equipment
				necessary for interconnection or access to unbundled elements; and
(d) obtain reasonable amounts of space in an
				incumbent LEC's premises, as provided in this subchapter, for the equipment
				necessary for interconnection or access to unbundled elements, allocated on a
				first-come, first-served basis.