12.0607 Declaration of an Emergency.
A. Pursuant to A.S.C.A. 4.1010, if an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule upon fewer than 20 days notice and states in writing its reasons for that finding it may proceed without prior notice or hearing.
B. The Telecommunications Regulatory Commissioner finds that fact exist which justifies adoption of the foregoing regulation upon fewer than 20 days notice, to wit:
1.The foregoing rules are rules of procedure and do not effect substantive rights.
2.The Telecommunications Act of 1934, as amended in 1996, requires incumbent local communications carriers to allow for interconnection of telecommunications services with communications carriers entering the market. Pursuant to federal law, the Telecommunications Regulatory Commissioner is required to accept or reject such interconnection agreements.
3.The Commissioner has received a request for an interconnection agreement which is presently under consideration. Because of certain time constraints imposed by federal law as regards the consideration of the interconnection agreement, insufficient time exists to give notice as provided by A.S.C.A. 4.1010.
4.Based on the foregoing findings the Commissioner finds that imminent peril to the public health, safety, and welfare requires adoption of the foregoing rule immediately upon filing the same as provided inA.S.C.A. 4.1008 upon fewer than 20 days notice. According to law the foregoing rule will be effective for a period of 120 days from the effective date.