Rule 38.5.2735 - FILING REQUIREMENTS(1) A carrier must file an application with the commission requesting approval of a new service pursuant to 69-3-810, MCA, in accordance with the following filing requirements. The carrier must file an application containing the following information: (a) A description of the service;(b) The proposed terms and conditions under which the service would be offered;(c) A proposed minimum price for the service;(d) The proposed price list sheets for the service, containing the information required in ARM 38.5.2747(2).(e) Detailed answers to the following: (i) Is the service functionally required to provide local exchange service? Explain.(ii) Is the service, or any component thereof, similar to any past or present service offered by any carrier in Montana (including the applicant) ? The applicant must provide details, including a list of such services, the name(s) of such carrier(s), and a description of the differences between the services.(iii) If any service is identified in (ii), explain why the proposed new service:(A) is not a repackaged current service, and(B) is not a direct replacement for a regulated telecommunications service.(f) The relevant incremental cost of providing the service, including supporting work papers and analysis. Cost information may be filed on a proprietary basis pursuant to 69-3-105, MCA;(g) Identify any products or services offered by unregulated firms, or firms other than carriers, which could compete with the proposed new service, describe their availability in Montana, and describe the differences between those products or services and the proposed new service;(h) A statement on the first page of the application containing the following: "Notice: This application for approval of a new telecommunications service is being filed with the Montana public service commission pursuant to 69-3-810, MCA. Interested parties which appear on the commission's new services telecommunications mailing list are receiving a copy of this application pursuant to ARM 38.5.2735; and should file any comments they have regarding this filing within 10 days after this application was filed with the commission, at the following address: Mr. Dennis Crawford
Montana Public Service Commission
P.O. Box 202601
1701 Prospect Avenue
Helena, MT 59620-2601 The commission may take action on this filing after the ten day comment period elapses. If the commission has not acted on this filing within 30 days following issuance of this notice, the applicant may proceed to offer the new service on a detariffed basis (i.e. with reduced regulatory oversight of rate changes and maximum rates). This application is governed by ARM 38.5.2730 through 38.5.2750."
(2) The complete application must be served by first class mail on the parties listed on the commission's new services telecommunications mailing list, on the same day that it is filed with the commission. The complete application must also be served in the same manner and at the same time on all persons or entitles who have requested or inquired about the provision of such service from the carrier within the previous six (6) months. Certification of such service must be filed by the carrier with the commission no later than one day after the application is filed and served.Mont. Admin. r. 38.5.2735
NEW, 1993 MAR p. 1336, Eff. 6/25/93.Sec. 69-3-822, MCA; IMP, Sec. 69-3-810, MCA;