reglab/housing_qa huggingface dataset:
MT Code § 69-3-806 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-806. Prohibition against cross-subsidization

  69-3-806. Prohibition against cross-subsidization. A provider of regulated telecommunications services may not use current revenue earned or expenses incurred in conjunction with services subject to regulation under this chapter to subsidize services that are not regulated or are not tariffed. Expenses incurred in conjunction with services that are not regulated or that are not tariffed under this chapter may not be attributed to services that are subject to regulation for any reason.   History: En. Sec. 6, Ch. 546, L. 1985; amd. Sec. 32, Ch. 349, L. 1997.
MT Code § 69-3-807 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-807. Regulation of rates and charges

  69-3-807. Regulation of rates and charges. (1) The commission may establish specific rates, tariffs, or fares for the provision of regulated telecommunications service to the public. The rates, tariffs, or fares must be just, reasonable, and nondiscriminatory.   (2) Alternatively, the commission may authorize the provision of regulated telecommunications service under terms and conditions that best serve the declared policy of this state. For a service detariffed under this subsection, the provider shall maintain a current price list on file with the commission and shall provide notice of changes in the price list as prescribed by the commission. The commission is not required to fix and determine specific rates, tariffs, or fares for the service and in the alternative may:   (a) totally detariff the service;   (b) detariff rates for the service but retain tariffs for service standards and requirements;   (c) establish only maximum rates, only minimum rates, or permissible price ranges as long as the minimum rate is cost compensatory; or   (d) provide other rate or service regulation as will promote the purposes of this part.   (3) Except as provided in subsection (4), in determining applications under subsection (2), the commission shall consider the following factors:   (a) the number, size, and distribution of alternative providers of service;   (b) the extent to which services are available from alternative providers in the relevant market;   (c) the ability of alternative providers to make functionally equivalent or substitute services readily available;   (d) the overall impact of the proposed terms and conditions on the continued availability of existing services at just and reasonable rates; and   (e) other factors that the commission may prescribe through rulemaking that are appropriate to fulfill the purposes of this part.   (4) Notwithstanding the provisions of subsection (3), the commission may exercise its power under subsection (2)(c) with respect to any services of a telecommunications provider if the commission finds that action consistent with the provisions of 69-3-802 and with the public interest. Noncompetitive local exchange access to end users and carrier access services may not be detariffed.   (5) A provider of regulated message telecommunications service and related services shall average its service rates on its routes of similar distance within the state unless otherwise authorized by the commission. This subsection may not be construed to prohibit volume discounts, discounts in promotional offerings, or other discounts as long as the discounts are not offered in a discriminatory manner.   History: En. Sec. 7, Ch. 546, L. 1985; amd. Sec. 3, Ch. 210, L. 1991; amd. Sec. 33, Ch. 349, L. 1997.
MT Code § 69-3-808 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-808. Forbearance of rate regulation to facilitate competition

  69-3-808. Forbearance of rate regulation to facilitate competition. (1) In accordance with the provisions of this section, the commission shall forbear regulation as to rates, tariffs, fares, or charges to facilitate competition and shall authorize the provision of all or any portion of regulated telecommunications service under stated or negotiated terms to any person or entity that has acquired or is contemplating acquisition of, through construction, lease, or any other form of acquisition, similar telecommunications service from an alternative source.   (2) At any time, the provider of regulated telecommunications service may file a verified application with the commission for forbearance of regulation to facilitate competition. The application must describe the telecommunications service to be offered, the customer to be served, and the party or parties offering similar service, together with other information and in a form that the commission may prescribe. The additional information must be reasonably related to the determination of the existence of an alternative offer but may not require information relating to the cost of providing the service.   (3) The commission shall approve or deny an application for forbearance of regulation to facilitate competition within 15 days after the filing of the application. If the commission has not acted on an application within the permitted time period, the application is considered granted. The commission shall deny the application only upon a finding that the application is incomplete or that the subject or similar service is not being offered to the customer by parties other than the applicant. If a customer or potential customer of the provider seeking forbearance requests a quotation of prices from another provider of telecommunications service having tariffs or price lists for similar services on file with the commission, the commission may presume the existence of competition.   (4) The provisions of 2-4-601, relating to notice and hearing, do not apply to this section.   (5) Upon approval of the application, the provider of telecommunications service may negotiate with a person or an entity for the provision of the service without regard to its tariffs or price lists on file with the commission.   (6) Within 10 days after the conclusion of the negotiations, the provider of regulated telecommunications service shall file with the commission the final contract or other evidence of the service to be provided, together with the charges and other conditions of the service. Thereafter, for the term of the contract, the provider of regulated telecommunications service may provide the service to the customer without regard to its tariffs or price lists on file with the commission.   (7) Services provided pursuant to subsection (1) remain subject to the regulatory powers of the commission.   History: En. Sec. 8, Ch. 546, L. 1985; amd. Sec. 4, Ch. 210, L. 1991.
MT Code § 69-3-809 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-809. Alternative forms of regulation

  69-3-809. Alternative forms of regulation. (1) The commission may authorize a provider of regulated telecommunication services, as defined in 69-3-803, to implement alternatives to the ratemaking practices required under parts 2, 3, and 9 of this chapter, including but not limited to price caps and equitable sharing of earnings or revenues between a provider of regulated telecommunications services and its customers.   (2) A provider of regulated telecommunications services may petition the commission to regulate the provider under an alternative form of regulation. The provider shall submit its plan for an alternative form of regulation with its petition. The commission's order on the petition must be issued no later than 9 months after the filing of the petition. The commission shall review and may authorize implementation of the plan if it finds, after notice and hearing, that the plan:   (a) will not degrade the quality of or the availability of efficient telecommunications services;   (b) will produce fair, just, and reasonable rates for telecommunications services;   (c) will not unduly or unreasonably prejudice or disadvantage a customer class;   (d) will reduce regulatory delay and costs;   (e) is in the public interest;   (f) will enhance economic development in the state;   (g) will result in the improvement of the telephone infrastructure in the state; and   (h) conforms to the purpose stated in 69-3-802 more nearly than regulation under part 2, 3, or 9 of this chapter conforms to the stated purpose.   (3) If the commission determines that the plan does not satisfy the requirements of this section, it may either reject the petition or issue a proposed order modifying the plan as submitted by the provider.   (4) Upon petition or upon its own motion, the commission may rescind its approval or amend an alternative form of regulation if, after notice and hearing, it finds that the conditions in subsection (2) are no longer satisfied.   (5) Nothing contained in this section may be construed as limiting or otherwise affecting the commission's authority to conduct investigations or hear complaints as provided in part 3 of this chapter.   History: En. Sec. 2, Ch. 210, L. 1991; amd. Sec. 1, Ch. 263, L. 2011.
MT Code § 69-3-810 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-810. New service -- withdrawal of services

  69-3-810. New service -- withdrawal of services. (1) A provider of regulated telecommunications service shall provide notice, in the form prescribed by the commission, of its intent to offer a new service to its customers. The notice must include a description of the service, a minimum price, and the terms and conditions under which it will be offered. At the end of a 10-day comment period for interested parties, the commission may immediately approve, suspend, or disapprove the new service offering or it may allow the interim introduction of the service pending a hearing at a later date. If the commission has not acted at the end of 30 days following issuance of notice, the provider may proceed to offer the service.   (2) A new service may be offered on a detariffed basis. A price list containing the price of the new service must be filed with the commission at the time the service is offered to the public.   (3) For purposes of this section, "new service" means any service that is introduced separately or in combination with other services and that is not functionally required to provide local exchange service or that is not a repackaged current service or a direct replacement for a regulated telecommunications service.   (4) A provider of regulated telecommunications service may withdraw a service upon 30 days' notice to the commission and to the users of the service. The commission may, however, suspend the withdrawal of the service, either on its own motion or at the request of an interested person, and shall then proceed to hearing.   History: En. Sec. 5, Ch. 210, L. 1991.
MT Code § 69-3-811 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-811. Costs for services provided -- jurisdiction over complaints

  69-3-811. Costs for services provided -- jurisdiction over complaints. (1) Prices charged for a regulated telecommunications service must be above relevant costs unless otherwise ordered by the commission. If the commission determines that a price is below relevant costs, it may ensure that shareholders and not ratepayers are responsible for any relevant costs not recovered through prices.   (2) With regard to competitive services, the term "relevant costs" includes the price for any components that are used by the telecommunications provider and that would be essential for alternative providers to use in providing the competitive services pursuant to commission-approved methodology.   (3) The commission has jurisdiction to consider complaints and initiate investigations to determine whether the price charged by a provider of regulated telecommunications service is above relevant costs. The commission may also consider complaints that a pricing or promotional practice violates any provision of this title.   History: En. Sec. 7, Ch. 210, L. 1991.
MT Code § 69-3-812 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-812. through 69-3-814 reserved

  69-3-812 through 69-3-814 reserved.
MT Code § 69-3-816 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-816. through 69-3-820 reserved

  69-3-816 through 69-3-820 reserved.
MT Code § 69-3-821 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-821. Examination of books and records

  69-3-821. Examination of books and records. Nothing in this part precludes the commission from exercising its authority under the provisions of 69-3-202. The commission may require such accounting or reporting systems as are necessary to allow a proper allocation of investments, costs, or expenses that are joint or common to both regulated telecommunications services and other services or to both tariffed regulated telecommunications services and nontariffed regulated telecommunications services.   History: En. Sec. 9, Ch. 546, L. 1985.
MT Code § 69-3-822 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-822. Rulemaking authority

  69-3-822. Rulemaking authority. The commission may adopt rules to implement this part.   History: En. Sec. 10, Ch. 546, L. 1985.
MT Code § 69-3-823 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-823. Exception

  69-3-823. Exception. Nothing in this part affects the exemption from regulation provided by 35-18-104.   History: En. Sec. 13, Ch. 546, L. 1985.
MT Code § 69-3-824 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-824. No preemption of laws governing anticompetitive activity

  69-3-824. No preemption of laws governing anticompetitive activity. Nothing in this part in any way preempts, abrogates, or otherwise affects any right, liability, or obligation arising from any federal or state law regarding unfair business practices or anticompetitive activity.   History: En. Sec. 15, Ch. 546, L. 1985.
MT Code § 69-3-825 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-825. through 69-3-828 reserved

  69-3-825 through 69-3-828 reserved.
MT Code § 69-3-829 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-829. Expedited complaint proceeding -- commission authority

  69-3-829. Expedited complaint proceeding -- commission authority. (1) The commission may conduct expedited complaint proceedings involving interconnection arrangements that include but are not limited to exchange access services between telecommunications carriers.   (2) The provisions of the Montana Administrative Procedure Act do not apply to petitions for an expedited complaint proceeding under 69-3-830 and this section.   History: En. Sec. 2, Ch. 310, L. 2003.
MT Code § 69-3-831 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-831. Interconnection -- construction and effect

  69-3-831. Interconnection -- construction and effect. Sections 69-3-832 through 69-3-849 and this section do not grant any jurisdiction to the commission over telecommunications carriers except as expressly set forth in 69-3-832 through 69-3-849 and this section, and 69-3-832 through 69-3-849 and this section may not be construed to limit or repeal exemptions from the commission's jurisdiction otherwise recognized by statute or law. Legislation may not be considered to supersede or modify any provision of 69-3-832 through 69-3-849 and this section except to the extent that the legislation does so expressly.   History: En. Sec. 1, Ch. 349, L. 1997.
MT Code § 69-3-832 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-832. Interconnection -- jurisdiction

  69-3-832. Interconnection -- jurisdiction. In addition to the authority granted to the commission in 69-3-102 to supervise and regulate public utilities, the commission has authority, for the purposes of implementing 69-3-829 through 69-3-839, over all telecommunications carriers.   History: En. Sec. 2, Ch. 349, L. 1997; amd. Sec. 1, Ch. 310, L. 2003.
MT Code § 69-3-833 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-833. Rulemaking authority

  69-3-833. Rulemaking authority. The commission may adopt rules of procedure to implement 69-3-836 through 69-3-840.   History: En. Sec. 3, Ch. 349, L. 1997.
MT Code § 69-3-835 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-835. Voluntary negotiation of interconnection agreements

  69-3-835. Voluntary negotiation of interconnection agreements. Upon receiving a request for interconnection, services, or network elements pursuant to 69-3-834, an incumbent local exchange carrier may negotiate and enter into a binding agreement with the requesting telecommunications carrier without regard to the duties set forth in 69-3-834(2)(b) or (2)(c). The agreement must include a detailed schedule of itemized charges for interconnection and each service or network element included in the agreement.   History: En. Sec. 5, Ch. 349, L. 1997.
MT Code § 69-3-836 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-836. Mediation of interconnection agreements

  69-3-836. Mediation of interconnection agreements. Upon the written request of any party negotiating an agreement for interconnection with another telecommunications carrier, the commission may designate a mediator, who may be a commission member, to mediate any differences arising in the course of the negotiation.   History: En. Sec. 6, Ch. 349, L. 1997.
MT Code § 69-3-838 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-838. Approval of arbitration decision

  69-3-838. Approval of arbitration decision. (1) If the commission has not approved or rejected in its entirety an agreement adopted by arbitration under 69-3-837(12) within 30 days of submission by the parties, the agreement is considered approved.   (2) The commission may reject the agreement only if the commission finds that the agreement does not meet the requirements of 47 U.S.C. 251 and the regulations prescribed to implement that section by the federal communications commission or the standards set forth in 47 U.S.C. 252(d). Upon rejection of an agreement, the commission shall provide the parties with written findings as to any deficiencies.   History: En. Sec. 8, Ch. 349, L. 1997.
MT Code § 69-3-839 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-839. Approval of interconnection agreements

  69-3-839. Approval of interconnection agreements. (1) Within 90 days of filing of an interconnection agreement adopted by negotiation of the parties to an agreement, the commission shall approve or reject the agreement, or the agreement is considered approved.   (2) The commission may reject an agreement filed under this section only if the commission finds that:   (a) the agreement or a portion of the agreement discriminates against a telecommunications carrier not a party to the agreement; or   (b) the implementation of the agreement or portion is not consistent with the public interest, convenience, and necessity.   (3) Upon rejecting an agreement filed under this section, the commission shall issue written findings detailing any deficiencies in the agreement.   History: En. Sec. 9, Ch. 349, L. 1997.
MT Code § 69-3-841 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 3. Regulation of Utilities|Part 8. Montana Telecommunications Act|69-3-841. Universal service policies

  69-3-841. Universal service policies. The legislature finds that universally available telecommunications services are essential to the health, welfare, and economic well-being of the citizens of Montana. The federal Telecommunications Act of 1996, Public Law 104-104, requires a transition to local competition. Implicit subsidies have historically been used to further the public policy of keeping local rates to customers in high-cost areas at affordable levels. The federal act and the transition to competition require that all subsidies used to keep local rates at affordable levels be explicit. Additionally, the federal act's universal service provisions establish a system of discounts for schools, libraries, and health care providers. Securing these discounts can be dependent on state actions. In order to preserve and advance the goal of universal service in the new competitive environment established by the federal act, the legislature finds that a new Montana universal service fund, supported by contributions from the telecommunications carriers operating in Montana, should be created that will:   (1) not duplicate the federal universal service fund mandated by the Telecommunications Act of 1996 but that will complement the federal fund by providing additional funding as necessary to ensure universal service in the state of Montana;   (2) be competitively and technologically neutral in both funding and distribution;   (3) provide a specific, predictable, and sufficient mechanism of support for high-cost areas; and   (4) allow for implementation of the federal support system for telecommunications services provided to schools, libraries, and health care providers.   History: En. Sec. 11, Ch. 349, L. 1997.