reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-804. Exemption for private telecommunications service

69-3-804. Exemption for private telecommunications service.
Construction, maintenance, or operation of a private telecommunications service does not constitute the provision of regulated telecommunications service, and a private telecommunications service is not subject to any of the provisions of this title. If any other person or entity, including the owners or shareholders of the entity owning or operating a private telecommunications service, uses the telecommunications service, whether for hire or not, the private telecommunications service is a regulated telecommunications service under this part. An occasional or accommodative use of a private telecommunication system by a third person is not a violation of this section.
History: En. Sec. 4, Ch. 546, L. 1985.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-805. Registration of telecommunications providers

69-3-805. Registration of telecommunications providers.
(1) Before any person or entity provides telecommunications service within the state of Montana, it shall file with the commission a notice including:
(a) the name, address, and telephone number of the provider;
(b) the name, address, and telephone number of the person responsible for regulatory contacts and customer dispute resolution on behalf of the provider;
(c) a description of the provider's existing operations and general service and operating areas in any other jurisdictions;
(d) a list of the provider's parent, subsidiary, and affiliated companies, together with principal addresses and telephone numbers of each;
(e) initial tariffs or price lists for regulated telecommunications services, including a narrative description of the regulated telecommunications to be offered and the geographic area and markets to be served;
(f) a general description of the facilities and equipment that will be used to provide services, including whether the service will be offered on a facilities basis, a resale basis, or a combination of both of them;
(g) a statement of whether the provider intends to draw from the federal or state universal service fund or other explicit support funds, including a statement of whether the provider intends to seek the commission's designation as an eligible telecommunications carrier;
(h) disclosure of any formal actions against it by any court or state or federal regulatory agency that resulted in any type of penalty or sanction within the 5 years prior to the date of filing the notice;
(i) if the provider is other than a corporation, a description of the form of ownership, the names and addresses of all principal owners and managers, the provider's agent for service of process in Montana, and the date of creation of the business entity; and
(j) other information from regulated telecommunications carriers as the commission may require to accomplish the purposes of this chapter.
(2) The commission may waive any of the requirements set forth in subsection (1).
(3) The provider shall file with the commission a report of any judgment, penalty, or sanction entered in any other jurisdiction that could adversely affect the provider's ability to provide communications services in Montana.
History: En. Sec. 5, Ch. 546, L. 1985; amd. Sec. 31, Ch. 349, L. 1997.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-842. Universal service fund established -- purpose

69-3-842. Universal service fund established -- purpose.
(1) Upon petition for good cause by a telecommunications carrier or the consumer counsel or on the commission's own motion, the commission shall investigate the need for a fund to assist eligible telecommunications carriers in providing affordable telecommunications services in high-cost areas. This investigation must take into account the evolving nature of universal service as well as changes in federal and state telecommunications support systems, including but not limited to universal service funds and access reform.
(2) If the commission determines that a state universal service fund is necessary to promote the policies in 69-3-841 and is consistent with the public interest, the commission shall establish a state universal service fund. The fund must provide support for the following services:
(a) voice grade access to the public switched network, including some usage;
(b) dual-tone multifrequency (DTMF or "touch tone") signaling or its equivalent;
(c) single-party service;
(d) access to emergency services, including access to 9-1-1, where available, and access to enhanced 9-1-1 when requested by a telecommunications carrier's local community and when the telecommunications carrier has technical capacity to provide it;
(e) access to operator services;
(f) access to interexchange services; and
(g) access to directory assistance.
(3) The fund must support only access to the services listed in subsections (2)(d) through (2)(g) and not support the services themselves.
(4) The fund must be administered to ensure that its operation is competitively and technologically neutral.
(5) For the purposes of this section, "interexchange services" means telecommunications long-distance services.
History: En. Sec. 12, Ch. 349, L. 1997; amd. Sec. 1, Ch. 430, L. 2001.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-843. Fund administrator -- commission rulemaking authority

69-3-843. Fund administrator -- commission rulemaking authority.
(1) A fiscal agent and daily administrator must be selected by the commission to receive and distribute funds under 69-3-841, 69-3-842, 69-3-844, 69-3-845, and this section.
(2) The fiscal agent must be selected by the commission based upon a competitive bidding process after an opportunity for public comment on the specific qualifications required of the fiscal agent. A telecommunications carrier is not eligible to be the fiscal agent. The duties of the fiscal agent must be determined by a contract consistent with 69-3-841, 69-3-842, 69-3-844, 69-3-845, and this section. The contract term of the fiscal agent may not be for a period greater than 3 years.
(3) The commission may adopt rules for the administration of the fund.
History: En. Sec. 13, Ch. 349, L. 1997; amd. Sec. 1, Ch. 187, L. 1999; amd. Sec. 2, Ch. 430, L. 2001.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-844. Contributions to fund

69-3-844. Contributions to fund.
(1) The fiscal agent shall collect contributions from all telecommunications carriers on a quarterly basis, based on a January 1 to December 31 calendar year. Those contributions must be determined on a percentage of total intrastate retail revenue for all telecommunications carriers registered in the state. If the high-cost mechanisms of the federal universal service program are eliminated, contributions must be determined on a percentage of total intrastate and interstate retail revenue for all telecommunications carriers registered in the state.
(2) The commission shall adopt rules to govern collection of the contributions required by this section, as well as rules allowing the fiscal agent and daily administrator to assess late fees and interest on delinquent payments from telecommunications carriers. The fiscal agent is specifically authorized to enforce the contribution requirements of this section through suit in the district courts of Montana, and the prevailing party in an action is entitled to the recovery of costs and attorney fees incurred in that action.
(3) Any funds received by an eligible telecommunications carrier from the state high-cost fund must be used for the provision, maintenance, and upgrading of facilities and services for which the support is intended.
(4) Any reduction in telecommunications carrier access expenses because of the removal of implicit subsidies inherent in telecommunications carrier access rates must be passed through to Montana end-user customer retail rates.
History: En. Sec. 14, Ch. 349, L. 1997; amd. Sec. 2, Ch. 187, L. 1999; amd. Sec. 3, Ch. 430, L. 2001.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-845. Payments from fund -- costs

69-3-845. Payments from fund -- costs.
(1) Payments from the fund must be made from collected contributions by the fiscal agent to qualifying eligible telecommunications carriers, on a quarterly basis, pursuant to rules adopted by the commission.
(2) Only eligible telecommunications carriers that offer the telecommunications services described in 69-3-842(2) to all customers in a designated support area and that advertise the availability of the telecommunications services and the charges for the telecommunications services using media of general distribution may receive support from the fund for the designated support area.
(3) An eligible telecommunications carrier providing telecommunications services through resale of another telecommunications carrier's telecommunications services or facilities may not receive support for those telecommunications services or facilities if the rates charged to an eligible telecommunications carrier by the other telecommunications carrier have been reduced by a contribution from universal service funds under this section.
(4) Costs of administering the fund must be paid from the fund.
History: En. Sec. 15, Ch. 349, L. 1997; amd. Sec. 3, Ch. 187, L. 1999; amd. Sec. 4, Ch. 430, L. 2001.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-846. Discounts for schools, libraries, and health care providers

69-3-846. Discounts for schools, libraries, and health care providers.
The commission is authorized to establish intrastate discounts to schools, libraries, and health care providers and to perform administrative functions necessary as a condition of federal universal service support if the discounts are recovered through the federal universal service fund.
History: En. Sec. 16, Ch. 349, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-847. Wholesale pricing standards

69-3-847. Wholesale pricing standards.
(1) Except as provided in subsection (2), if the commission is requested by a telecommunications carrier to establish wholesale prices for services provided by a telecommunications carrier, the commission may not establish a wholesale price using a default proxy discount value to be applied to the applicable retail price. The commission shall establish wholesale prices using company-specific costs.
(2) This section does not apply to the prices, terms, and conditions of a final or interim arbitrated interconnection agreement, arbitration decision, or appeal from an agreement or decision if the request for arbitration was filed on or before March 1, 1997.
History: En. Sec. 17, Ch. 349, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-848. Pricing of individual network elements

69-3-848. Pricing of individual network elements.
(1) Except as provided in subsection (4), if the commission is requested by a telecommunications carrier to establish the prices of the individual network elements used to provide telecommunications services, the commission shall set those prices at a just and reasonable level sufficient to recover the actual cost of providing those elements, including:
(a) a reasonable share of the joint and common costs so that the telecommunications carrier has a reasonable opportunity to recover these costs;
(b) depreciation costs that are based upon forward-looking asset lives consistent with asset lives of other telecommunications carriers and that reflect an amortization of any underdepreciated investment;
(c) a reasonable share of the costs associated with fill factors, recognizing spare capacity required to fulfill eligible telecommunications carrier responsibilities; and
(d) a fair return on investments.
(2) The actual cost of providing the elements included in subsections (1)(a) through (1)(d) must be determined without reference to a rate-of-return or other rate-based proceeding.
(3) If a telecommunications carrier uses average prices for services to end users without regard to the customer's location, the commission shall similarly establish an average cost and wholesale price for each individual network element sold to other telecommunications carriers. The commission may depart from average pricing for network elements only to the extent that the retail prices to end users of a telecommunications carrier have departed from average pricing.
(4) This section does not apply to the prices, terms, and conditions of a final or interim arbitrated interconnection agreement, arbitration decision, or appeal from an agreement or decision if the request for arbitration was filed on or before March 1, 1997.
History: En. Sec. 18, Ch. 349, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-849. Prohibited subsidies

69-3-849. Prohibited subsidies.
The commission may not subsidize the price of any telecommunications service, including wholesale prices or the prices of individual network elements, by reducing the prices to reflect an allocation or credit of revenue from the operations of an affiliated company of the carrier of telecommunications services, including a publishing affiliate.
History: En. Sec. 19, Ch. 349, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-859. Repealed

69-3-859. Repealed.
Sec. 1, Ch. 76, L. 2003.
History: En. Sec. 24, Ch. 349, L. 1997; amd. Sec. 1, Ch. 17, Sp. L. August 2002.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-861. Repealed

69-3-861. Repealed.
Sec. 1, Ch. 76, L. 2003.
History: En. Sec. 26, Ch. 349, L. 1997; amd. Sec. 39, Ch. 426, L. 1999; amd. Sec. 2, Ch. 17, Sp. L. August 2002.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 8. Montana Telecommunications Act › 69-3-870. Performance assurance state special revenue account -- statutory appropriation

69-3-870. Performance assurance state special revenue account -- statutory appropriation.
(1) There is a performance assurance state special revenue account in the state special revenue fund. The account must be used for the deposit of payments to the state made by a telecommunications carrier pursuant to the terms of a performance assurance plan.
(2) Money in the performance assurance state special revenue account is statutorily appropriated, as provided in 17-7-502, and may be expended by the commission in carrying out its responsibilities to administer, audit, and oversee the performance assurance plan, pursuant to the terms of the plan.
(3) For purposes of this section, a "performance assurance plan" means a commission-approved, self-executing remedy plan to ensure that a telecommunications carrier provides adequate wholesale service to competitors after the carrier gains entry into the interlocal access and transport area long-distance market in its region pursuant to 47 U.S.C. 271.
History: En. Sec. 1, Ch. 43, L. 2003.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 9. Rate Regulation of Small Telecommunications Providers › 69-3-901. Definitions

69-3-901. Definitions.
As used in this part, the following definitions apply:
(1) "Commission" means the Montana public service commission.
(2) "Rate" means a charge by a small telecommunications provider to a subscriber for the initiation or continued provision of regulated telecommunications service. The term includes but is not limited to charges for installations, local service, toll service, directory assistance, and late payment.
(3) "Rate increase" means an increase in the rates for regulated telecommunications services provided by a small telecommunications provider and the creation of new rates.
(4) "Regulated telecommunications service" is as defined in 69-3-803.
(5) "Small telecommunications provider" means a person, partnership, corporation, or other entity providing regulated telecommunications service to less than 12,000 subscribers in Montana. Rural telephone cooperatives organized under Title 35, chapter 18, are not small telecommunications providers.
(6) "Subscriber" means a person, partnership, corporation, or other entity acquiring regulated telecommunications service from a small telecommunications provider. There is one subscriber for each billed line of a small telecommunications provider.
History: En. Sec. 1, Ch. 254, L. 1987; amd. Sec. 1, Ch. 154, L. 1999.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 9. Rate Regulation of Small Telecommunications Providers › 69-3-902. Rate regulation of small telecommunications provider

69-3-902. Rate regulation of small telecommunications provider.
Except as provided in this part, small telecommunications providers are not subject to commission rate regulation provided in parts 3 and 8 of this chapter.
History: En. Sec. 2, Ch. 254, L. 1987.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 9. Rate Regulation of Small Telecommunications Providers › 69-3-903. Notice of rate increase or decrease

69-3-903. Notice of rate increase or decrease.
(1) At least 60 days before the effective date of any rate increase or decrease proposed by a small telecommunications provider, the small telecommunications provider shall mail notice of the proposed rate increase or decrease to each affected subscriber, the commission, and the Montana consumer counsel.
(2) Notice to the commission and consumer counsel must include:
(a) a summary of the justification for the proposed rate increase;
(b) a list of the number of affected subscribers in each category of rates proposed to be increased or decreased; and
(c) if requested by the commission, a list of the names of the affected subscribers.
(3) The notice to affected subscribers may be included with regular subscriber billings and must include:
(a) a schedule of the proposed rates;
(b) the effective date of the proposed rates; and
(c) a description of the petition procedure in 69-3-906 for seeking commission review and determination of the proposed rates. If the small telecommunications provider publishes the petition procedure in a telephone directory, a reference to the location of the procedure in the directory is adequate notice.
History: En. Sec. 3, Ch. 254, L. 1987; amd. Sec. 2, Ch. 154, L. 1999.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 9. Rate Regulation of Small Telecommunications Providers › 69-3-904. Commission review and determination of rate increases or decreases

69-3-904. Commission review and determination of rate increases or decreases.
(1) When a small telecommunications provider proposes a rate increase or decrease, the commission shall review and determine the rates pursuant to the applicable procedures in this chapter if:
(a) the affected subscribers have successfully petitioned for commission review as described in 69-3-906;
(b) the small telecommunications provider requests the commission to review and determine the rates; or
(c) by the 60th day following notice of the proposed increase or decrease, the consumer counsel petitions the commission to review and determine the rates.
(2) An order of the commission issued under this section establishes the effective rate for the regulated telecommunications services covered by the order. Rates established by commission order may not be increased for a period of 6 months, except as ordered by the commission.
(3) The order of the commission is subject to review.
History: En. Sec. 4, Ch. 254, L. 1987; amd. Sec. 3, Ch. 154, L. 1999; amd. Sec. 16, Ch. 166, L. 2023.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 9. Rate Regulation of Small Telecommunications Providers › 69-3-905. Investigations by commission

69-3-905. Investigations by commission.
Nothing in this part limits the authority of the commission under 69-3-324 to investigate at any time and on its own motion the existing rates of a small telecommunications provider.
History: En. Sec. 5, Ch. 254, L. 1987.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 9. Rate Regulation of Small Telecommunications Providers › 69-3-906. Petition for review of proposed rate increase or decrease

69-3-906. Petition for review of proposed rate increase or decrease.
Subscribers affected by a proposed rate increase or decrease for regulated telecommunications services by a small telecommunications provider may petition the commission to review and determine the rates. The petition must identify the proposed rate increase or decrease and must be in writing and signed by a subscriber or the authorized person if the subscriber is a business account.
History: En. Sec. 6, Ch. 254, L. 1987; amd. Sec. 4, Ch. 154, L. 1999.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 9. Rate Regulation of Small Telecommunications Providers › 69-3-907. Proposed increase or decrease effective unless requisite petitions received by commission

69-3-907. Proposed increase or decrease effective unless requisite petitions received by commission.
(1) If by the 60th day following notice to subscribers of a proposed rate increase or decrease the commission has not received petitions containing signatures from at least 10% of the affected subscribers in any rate category or a petition for review from the consumer counsel, the commission shall certify this fact to the small telecommunications provider and the proposed rate increase or decrease becomes effective as published in the notice of proposed increase or decrease.
(2) If by the 60th day following notice to subscribers of a proposed rate increase or decrease the commission has received petitions containing signatures from 10% or more of the affected subscribers in any rate category or a petition for review from the consumer counsel, the commission shall notify the small telecommunications provider of this fact and shall indicate that the proposed rate increase or decrease in that rate category will not take effect as noticed. The commission shall then review and determine the rates in that category pursuant to 69-3-904.
(3) In the case of a proposed increase or decrease in rates for access services provided to interexchange carriers, a valid petition for commission review and determination of rates consists of a signature of an authorized representative of any interexchange carrier that would be affected by the access rates that are proposed to be increased or decreased.
History: En. Sec. 7, Ch. 254, L. 1987; amd. Sec. 5, Ch. 154, L. 1999.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › 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.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 10. Telephone Low-Income Assistance Program › 69-3-1001. Creation of program -- amount of assistance

69-3-1001. Creation of program -- amount of assistance.
(1) There is a telephone low-income assistance program to provide an eligible subscriber with a discount in the monthly charge for local exchange service in the telephone network.
(2) The commission shall set the discount in the charge for local exchange service that is at least $3.50 a month for each eligible subscriber but not more than the amount that is the difference between the otherwise applicable current rate for local exchange service and the rate as it was on April 22, 1997.
History: En. Sec. 1, Ch. 391, L. 1987; amd. Sec. 34, Ch. 349, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 10. Telephone Low-Income Assistance Program › 69-3-1002. Eligibility -- rules

69-3-1002. Eligibility -- rules.
(1) A residential subscriber with single telephone line service at the subscriber's principal residence is eligible for low-income telephone assistance if the subscriber is certified by the department of public health and human services as a recipient of medicaid benefits.
(2) The department shall periodically certify and verify the eligibility of a subscriber to receive low-income telephone assistance.
(3) The department may adopt rules to establish procedures for the certification and verification of eligible subscribers.
History: En. Sec. 2, Ch. 391, L. 1987; amd. Sec. 519, Ch. 546, L. 1995.