38.5.2716    FORBEARANCE CONTRACTS

(1) After forbearance is granted the telecommunications provider may negotiate with the customer for the provision of the service(s) without regard to its filed tariffs or price lists.   Within ten days after reaching a final contract or agreement, the telecommunications provider shall file with the commission:

(a) A copy of the final contract or agreement; and  

(b) The charges and conditions of service.

(2) For the term of the contract, the telecommunications provider may provide service pursuant to the contract rates, without regard to the rates in its tariffs or price lists. However, the provider remains bound by all other service terms and conditions in its tariffs and price lists, and all other applicable provisions of law.

(3) If a contract or agreement is not finalized with the customer within sixty (60) days after the forbearance application is granted, the provider shall immediately file a status report with the commission, indicating whether negotiations are continuing or whether the customer has reached an agreement with an alternative provider. Additional reports shall be filed every 60 days thereafter, if any change has occurred.

History: 69-3-822, MCA; IMP, 69-3-808, MCA; NEW, 1986 MAR p. 807, Eff. 5/16/86; AMD, 1993 MAR p. 1336, Eff. 6/25/93.