Montana Code Annotated
Part 9. Rate Regulation of Small Telecommunications Providers
69-3-910. Regulatory flexibility upon petition by small telecommunications provider

69-3-910. Regulatory flexibility upon petition by small telecommunications provider. (1) Upon application by a small telecommunications provider, the commission shall forebear from applying any regulation or any provision of this chapter to a small telecommunications provider in all or some of the small telecommunications provider's geographic markets, as stated in the application, if the commission determines that:
(a) enforcement of a regulation or provision is not necessary to ensure:
(i) that the charges, practices, or classifications are just and reasonable; or
(ii) that regulations by, for, or in connection with the small telecommunications provider are just and reasonable;
(b) enforcement of a regulation or provision is not necessary for the protection of consumers; or
(c) forbearance from regulation is consistent with the public interest.
(2) (a) A small telecommunications provider providing regulated telecommunications services may submit an application to the commission requesting that the commission exercise the authority granted in this section with respect to that small telecommunications provider or any service offered by that small telecommunications provider.
(b) A petition must be considered granted within 90 days if the commission does not deny the petition upon making specific findings under subsection (1).
(c) The commission may extend the initial 90-day period if the commission finds that the extension is necessary in order to make the findings required in subsection (1).
(3) The commission may not forbear from applying the requirements of 69-3-831 through 69-3-840.
History: En. Sec. 6, Ch. 154, L. 1999.

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