Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.41 - IntraLATA Equal Access Implementation › Rule 38.5.4103 - EQUAL ACCESS PRESUBSCRIPTION IMPLEMENTATION

Current through Register Vol. 13, July 5, 2024
(1) US West Communications, Inc. is required
				to implement intraLATA equal access presubscription in its Montana territory
				when it begins providing in-region interLATA services pursuant to
				47 USC
				271 or on February 8, 1999, whichever is
				earlier. US West Communications, Inc. shall file an intraLATA dialing parity
				implementation plan consistent with the requirements of ARM
				38.5.4120. Any grant of authority
				to US West Communications, Inc. to provide in-region interLATA services
				pursuant to
				47 USC
				271 will not affect the timing requirements
				applied to other carriers in the provision of intraLATA dialing parity. None of
				the provisions of (2) below apply to US West Communications, Inc.
(2) Other local exchange carriers shall,
				either in response to a bona fide request or on their own initiative, provide
				intraLATA dialing parity where technically and economically feasible using the
				2-PIC method. A carrier that begins providing facilities-based local services
				after adoption of these rules must have on file a commission-approved plan for
				the implementation of intraLATA equal access before the carrier begins
				providing local exchange service.
(a) Within
				six months after receipt of a bona fide request pursuant to (2), local exchange
				carriers shall complete implementation of intraLATA dialing parity.
(b) Local exchange carriers may negotiate
				implementation schedules that differ from the requirements in this rule with
				the agreement of all interexchange carriers that make bona fide requests
				pursuant to (2) within 90 days of the first bona fide request.
(c) A local exchange carrier may petition the
				commission for a waiver of the requirement to provide intraLATA dialing parity
				consistent with (2) on the grounds that a request it has received is not bona
				fide, that compliance is unduly economically burdensome or is technically
				infeasible, and that the waiver is consistent with the public interest. The
				commission, after notice and opportunity for hearing, may grant a waiver upon
				such a showing.
(d) A local
				exchange carrier may petition for an extension of the timing requirements of
				(2) on the grounds that equal access presubscription implementation cannot
				reasonably be provided in the given exchange(s) within the required time frame.
				The commission, after notice and opportunity for hearing, may grant such
				extension(s) for a reasonable period of time upon such a showing.
(e) A local exchange carrier may require a
				performance bond be established, in an amount approved by the commission, which
				would be forfeited by the requesting company in the event such company fails to
				provide intraLATA toll services to the particular exchange within the six
				months following implementation of equal access and the commission finds good
				cause exists for forfeiture.