reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 10. Telephone Low-Income Assistance Program › 69-3-1003. Reimbursement for discounts

69-3-1003. Reimbursement for discounts.
(1) The public service commission shall authorize an additional monthly charge for each residential access line to fully reimburse providers of local telecommunications services for discounts given eligible subscribers.
(2) The additional monthly charge for local exchange service applies to residential subscribers of providers of local telecommunications services that participate in the low-income telephone assistance program.
(3) Participation of each provider in the low-income telephone assistance program must be administered separately by the public service commission.
History: En. Sec. 3, Ch. 391, L. 1987.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 10. Telephone Low-Income Assistance Program › 69-3-1004. Administration -- rules

69-3-1004. Administration -- rules.
(1) The public service commission shall monitor the effectiveness of the low-income telephone assistance program and issue annual reports as provided in 69-3-1005.
(2) The commission may adopt rules necessary to administer and implement the low-income telephone assistance program and to receive matching federal low-income telephone assistance.
History: En. Sec. 4, Ch. 391, L. 1987.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 10. Telephone Low-Income Assistance Program › 69-3-1005. Annual reports

69-3-1005. Annual reports.
The commission shall, if necessary, provide the federal communications commission with annual reports containing the following information:
(1) a description of qualification and verification procedures and other assistance measures;
(2) the costs of the low-income telephone assistance program;
(3) the number of households receiving low-income telephone assistance;
(4) the number of eligible subscribers receiving low-income telephone assistance, including subscribers who switched from other telephone services to low-income telephone service and new subscribers of low-income telephone service; and
(5) all other information requested by the federal communications commission concerning the effect of the low-income telephone assistance program on eligible subscribership levels.
History: En. Sec. 5, Ch. 391, L. 1987.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 10. Telephone Low-Income Assistance Program › 69-3-1006. Federal requirements

69-3-1006. Federal requirements.
The public service commission, the department of public health and human services, and participating providers of local telecommunications services shall comply with federal requirements for the receipt of matching federal low-income telephone assistance.
History: En. Sec. 6, Ch. 391, L. 1987; amd. Sec. 520, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 10. Telephone Low-Income Assistance Program › 69-3-1007. Applicability -- voluntary participation or withdrawal

69-3-1007. Applicability -- voluntary participation or withdrawal.
(1) Sections 69-3-1001 through 69-3-1006 apply to providers of regulated local telecommunications services with more than 50,000 subscribers.
(2) Regulated providers of local telecommunications services with fewer than 50,000 subscribers may petition the public service commission to participate in or withdraw from the low-income telephone assistance program. The public service commission shall grant a petition to participate in or withdraw from the low-income telephone assistance program unless federal requirements for obtaining matching federal low-income telephone assistance require otherwise.
History: En. Sec. 7, Ch. 391, L. 1987.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 11. Intrastate Consumer Protection › 69-3-1101. Purpose

69-3-1101. Purpose.
The purpose of this part is to provide aggrieved customers and the commission a course of action against operator service providers that charge customers exorbitant rates for intrastate calls from a pay telephone or certain other telephones in commercial establishments and public facilities and to ensure that customers are fully aware of which charges on their monthly bill are owed to an operator service provider and of how a customer can reach the operator service provider for the purpose of contesting the amount charged.
History: En. Sec. 1, Ch. 155, L. 1999.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 11. Intrastate Consumer Protection › 69-3-1102. Definitions

69-3-1102. Definitions.
As used in this part, the following definitions apply:
(1) "Aggregator surcharge" means a charge to a customer by an entity that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises for intrastate telephone calls using an operator service provider.
(2) "Customer" means a person who makes an intrastate telephone call through an operator service provider or the person accepting a collect telephone call made through an operator service provider.
(3) "Exorbitant rate" means a rate for an intrastate telephone call completed by an operator service provider that is greater than the allowable rate established by the commission. The allowable rate is inclusive of the call rate and any aggregator surcharge or other calling fee collected from a customer by the operator service provider.
(4) "Operator service provider" means any person, company, or entity that provides automated or live assistance to a customer to arrange for billing or completion, or both, of an intrastate telephone call through a method other than:
(a) automatic completion, with billing to the telephone from which the call originated; or
(b) completion through an access code used by the customer, with billing to an account previously established with a telecommunications carrier by the customer.
(5) "Telecommunications carrier" means the same as provided in 69-3-1302.
History: En. Sec. 2, Ch. 155, L. 1999.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 11. Intrastate Consumer Protection › 69-3-1104. Disclosure requirements

69-3-1104. Disclosure requirements.
An operator service provider shall:
(1) identify itself, audibly and distinctly, to the customer at the beginning of each telephone call and before the customer incurs any charges. Each operator service provider shall also identify itself to the billed party when verifying third-party billed calls.
(2) disclose, audibly and distinctly to the customer, at no charge and before connecting any intrastate call, how to obtain the total cost of the call, including any aggregator surcharge, or the maximum possible total cost of the call, including any aggregator surcharge, before providing further advice to the customer on how to proceed to make the call. The voice disclosure required in this section must instruct each customer that the customer may obtain applicable rate and surcharge amounts by dialing not more than two digits or by remaining on the line.
(3) upon request, fully and immediately disclose to the customer, at no charge, the operator service provider's method of collecting its charges, a description of the operator service provider's method of resolving customer complaints, a toll-free telephone number that can be used to report complaints to or contest charges of the operator service provider, and all other requested information pertinent to the customer's use of the operator service provider's services. The provisions of this subsection apply to the called party on collect calls.
(4) permit the customer to terminate the telephone call at no charge before the call is connected to the called party.
History: En. Sec. 4, Ch. 155, L. 1999.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 11. Intrastate Consumer Protection › 69-3-1105. Operator service provider liability -- penalty -- costs and fees entitlement -- jurisdiction

69-3-1105. Operator service provider liability -- penalty -- costs and fees entitlement -- jurisdiction.
(1) An operator service provider that charges a customer more than the allowable rate is liable:
(a) to the customer for three times the cost of the call charged to the customer or $500, whichever is greater; and
(b) to the state for the penalty prescribed in 69-3-206, for other commission enforcement actions pursuant to 69-3-110, and for a violation of applicable rules authorized by 69-3-1103.
(2) In a suit or enforcement action brought against an operator service provider, the prevailing party is entitled to recover costs and attorney fees in a sum that the court finds reasonable.
(3) A customer has the right to seek remedy in a Montana court.
History: En. Sec. 5, Ch. 155, L. 1999.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 11. Intrastate Consumer Protection › 69-3-1106. Billing disclosure requirements

69-3-1106. Billing disclosure requirements.
A telecommunications carrier that enters into a contract with an operator service provider for the purpose of providing billing services for operator service providers shall include a disclosure in each customer's bill that:
(1) plainly and clearly identifies the operator service provider charges as distinct from those of the telecommunications carrier; and
(2) includes accurate information about the operator service provider so that the customer may contact the operator service provider by telephone for the purpose of contesting the charge or bringing an action against the operator service provider, or both. Upon request of the customer, the local service provider shall provide mailing address information about the operator service provider.
History: En. Sec. 6, Ch. 155, L. 1999.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 12. Integrated Least-Cost Resource Planning and Acquisition Act › 69-3-1201. Short title

69-3-1201. Short title.
This part may be cited as the "Montana Integrated Least-Cost Resource Planning and Acquisition Act".
History: En. Sec. 1, Ch. 157, L. 1993.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 12. Integrated Least-Cost Resource Planning and Acquisition Act › 69-3-1202. Policy -- planning

69-3-1202. Policy -- planning.
(1) (a) It is the policy of the state to supervise, regulate, and control public utilities. To the extent that it is consistent with the policy and in order to benefit society, the state requires efficient utility operations, efficient use of utility services, and efficient rates.
(b) It is further the policy of the state to encourage utilities to acquire resources using a competitive solicitation process and in a manner that will help ensure a clean, healthful, safe, and economically productive environment.
(2) (a) The legislature finds that the commission may include in rates any costs that are associated with acquiring resources referred to in subsection (1) and that are consistent with this policy if the resources are actually used and useful for the convenience of the public.
(b) To advance this policy, the commission shall require long-range plans every 3 years from utilities that provide electric and natural gas service in a form and manner determined by the commission. The commission shall receive comments on the plans.
(3) This part does not constrain or limit the commission's existing statutory duties or responsibilities.
History: En. Sec. 2, Ch. 157, L. 1993; amd. Sec. 10, Ch. 449, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 12. Integrated Least-Cost Resource Planning and Acquisition Act › 69-3-1203. Definitions

69-3-1203. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Abandonment costs" means the costs incurred for resources acquired and abandoned pursuant to a plan.
(2) "Consumer counsel" means the consumer counsel provided for in 5-15-201.
(3) "Demand-side management programs" means energy efficiency, energy conservation, load management, and demand response or any combination of these measures implemented by an electric utility.
(4) "Energy conservation" means the decrease in electricity requirements of specific customers during any selected time period, resulting in a reduction in end-use services.
(5) "Energy efficiency" means the decrease in electricity requirements of specific customers during any selected period with end-use services of those customers held constant.
(6) "Externalities" mean the impacts on society that are not directly borne by the producer in production and delivery activities, which due to imperfections in or the absence of markets are not accounted for in the producer's production and pricing decisions.
(7) "Plan" means an integrated least-cost resource plan submitted by a utility in accordance with this part and the rules adopted under this part.
(8) "Planning costs" means the costs of evaluating the future demand for services and of evaluating alternative methods of satisfying future demand.
(9) "Planning period" means the future period for which a utility develops its plan, and the period over which net present value of revenue requirements for resources is calculated. For purposes of this part, the planning period is a minimum of 20 years and begins from the date the utility files its plan with the commission.
(10) "Portfolio development costs" means the costs of preparing a resource in a portfolio for prompt and timely acquisition of the resource.
(11) "Public utility" means a public utility, as defined in 69-3-101, that provides electric or natural gas service. The term does not include municipal utilities.
History: En. Sec. 3, Ch. 157, L. 1993; amd. Sec. 11, Ch. 449, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 12. Integrated Least-Cost Resource Planning and Acquisition Act › 69-3-1205. Public comment -- public meetings

69-3-1205. Public comment -- public meetings.
(1) When developing a plan in accordance with this part and prior to submitting a plan to the commission, a public utility shall hold at least two public meetings in the utility's Montana service territory to ensure a plan best meets the diverse goals of shareholders, ratepayers, and society.
(2) After a plan is submitted, the commission shall conduct two public meetings for the purpose of receiving comment on a plan. The commission or the department of public service regulation may comment on the plan. A comment by the commission or the department may not be construed as preapproval by the commission of rate treatment for any proposed resource.
(3) The department of environmental quality:
(a) shall review a plan submitted to the commission and comment on the need for new resources, the alternatives evaluated to meet the need, the environmental implications of the resource choices, and other related issues that it considers important. The department shall coordinate and deliver all comments from other executive branch agencies.
(b) may use a plan in the development of studies for a specific energy facility for which an application for a certificate of compliance is submitted under Title 75, chapter 20.
(4) The consumer counsel shall review and may comment on a submitted plan.
History: En. Sec. 5, Ch. 157, L. 1993; amd. Sec. 174, Ch. 418, L. 1995; amd. Sec. 2, Ch. 217, L. 2003; amd. Sec. 13, Ch. 449, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 12. Integrated Least-Cost Resource Planning and Acquisition Act › 69-3-1206. Rate treatment

69-3-1206. Rate treatment.
(1) The commission may include in a public utility's rates:
(a) the cost of resources acquired in accordance with a plan;
(b) demand-side management programs established and implemented in accordance with 69-3-1209;
(c) the cost-effective expenditures for improving the efficiency with which the public utility provides and its customers use utility services;
(d) the costs of complying with the planning requirements of this part; and
(e) the costs of complying with a competitive solicitation process conducted in accordance with 69-3-1207.
(2) The commission may adopt rules establishing criteria governing the extent of recovery of abandonment costs.
(3) The commission may not approve a bonus or adder in the cost of a new resource acquired after April 28, 2021, to provide additional compensation for costs such as environmental externalities unless the bonus or adder is necessary to compensate for a real and actual cost required by existing regulation or existing law.
History: En. Sec. 6, Ch. 157, L. 1993; amd. Sec. 14, Ch. 449, L. 2019; amd. Sec. 2, Ch. 300, L. 2021.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 12. Integrated Least-Cost Resource Planning and Acquisition Act › 69-3-1208. Resource planning -- advisory committee

69-3-1208. Resource planning -- advisory committee.
(1) A public utility shall maintain a broad-based advisory committee to review, evaluate, and make recommendations on technical, economic, and policy issues related to a utility's electricity system.
(2) The committee may advise the utility on demand-side management, portfolio planning, and management and procurement completed in accordance with this part.
History: En. Sec. 2, Ch. 449, L. 2019.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 12. Integrated Least-Cost Resource Planning and Acquisition Act › 69-3-1209. Electric utility demand-side management programs

69-3-1209. Electric utility demand-side management programs.
(1) The commission may establish energy savings and peak demand reduction goals for an electric utility, taking into account the utility's cost-effective demand-side management potential and the need for electricity resources.
(2) The commission shall permit electric utilities to implement cost-effective electricity demand-side management programs and conservation in accordance with 69-3-701 through 69-3-712 and this part to reduce the need for additional resources.
(3) Every 3 years, an electric utility shall submit a report to the commission describing the demand-side management programs and conservation implemented by the electric utility in the previous year. The report must document:
(a) program expenditures, including incentive payments;
(b) peak demand and energy savings impacts and the techniques used to estimate those impacts;
(c) avoided costs and the techniques used to estimate those costs;
(d) the estimated cost-effectiveness of the programs;
(e) the net economic benefits of the programs; and
(f) any other information required by the commission.
History: En. Sec. 3, Ch. 449, L. 2019; amd. Sec. 2, Ch. 11, L. 2021.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 13. Change in Customer's Telecommunications Carrier › 69-3-1301. Purpose

69-3-1301. Purpose.
The purpose of this part is to prohibit telecommunications carriers, including entities not otherwise regulated by the commission, from switching a customer's telecommunications services from one telecommunications carrier to another without the customer's consent and to prohibit charges for a product or service not requested by or provided to the customer from being placed on the customer's telephone bill.
History: En. Sec. 1, Ch. 325, L. 1997; amd. Sec. 1, Ch. 244, L. 1999; amd. Sec. 1, Ch. 249, L. 2003.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 13. Change in Customer's Telecommunications Carrier › 69-3-1302. Definitions

69-3-1302. Definitions.
As used in this part, the following definitions apply:
(1) "Billing agent" means a telecommunications carrier that includes in a bill that it sends to a customer a charge for a product or service offered by a service provider.
(2) "Billing aggregator" means any entity, other than a service provider, that forwards the charge for a product or service offered by a service provider to a billing agent.
(3) "Customer" means a person who has purchased telecommunications services from a telecommunications carrier or who has been billed charges on a telephone bill for the services or products of another entity.
(4) "Electronic signature" has the meaning as provided in 30-18-102.
(5) "Local exchange company" means a telecommunications company that provides telephone lines or wireless service to members of the general public who are its customers.
(6) "Primary interexchange carrier" means the telecommunications carrier from which a customer chooses to purchase long-distance services.
(7) "Service provider" means any entity, other than the billing agent, that offers a product or service to a customer, the charge for which appears on the bill of a billing agent.
(8) (a) "Telecommunications carrier" or "carrier" means any provider of telecommunications services. An entity providing other products and services is considered a telecommunications carrier only to the extent that the entity is engaged in providing telecommunications services.
(b) The term does not mean aggregators of telecommunications services as defined in 47 U.S.C. 226.
History: En. Sec. 2, Ch. 325, L. 1997; amd. Sec. 1, Ch. 150, L. 2003; amd. Sec. 2, Ch. 249, L. 2003; amd. Sec. 8, Ch. 325, L. 2007.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 13. Change in Customer's Telecommunications Carrier › 69-3-1303. Prohibition -- exceptions

69-3-1303. Prohibition -- exceptions.
(1) A telecommunications carrier may not request a change in a customer's primary interexchange carrier or local exchange company unless:
(a) the requesting carrier has obtained the customer's written or electronic signature on a form that contains clear and conspicuous disclosure of the customer's request for a change in telecommunications carrier;
(b) the customer affected by the change initiates the contact with the carrier in order to request the change;
(c) the carrier who has initiated the change has obtained the customer's verbal authorization as verified by an independent third party or by electronic means in accordance with rules prescribed by the commission; or
(d) the change in carrier is the result of a sale or transfer of a subscriber base from one carrier to another and the carrier that has acquired the subscriber base has notified the commission and customers affected by the change in accordance with rules prescribed by the commission.
(2) The documentation required in subsection (1):
(a) must include the written or electronic signature of the customer responsible for paying the charges on the account held by the telecommunications carrier; and
(b) may not be a part of any sweepstakes, contest, or similar promotional program.
History: En. Sec. 3, Ch. 325, L. 1997; amd. Sec. 2, Ch. 244, L. 1999; amd. Sec. 2, Ch. 150, L. 2003; amd. Sec. 3, Ch. 249, L. 2003.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 13. Change in Customer's Telecommunications Carrier › 69-3-1304. Rulemaking authority

69-3-1304. Rulemaking authority.
The commission may adopt rules to implement this part.
History: En. Sec. 4, Ch. 325, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 13. Change in Customer's Telecommunications Carrier › 69-3-1305. Unauthorized change in telecommunications carrier -- liability -- penalty for violation

69-3-1305. Unauthorized change in telecommunications carrier -- liability -- penalty for violation.
(1) A telecommunications carrier who initiates an unauthorized change in the customer's telecommunications carrier in violation of 69-3-1303 is liable:
(a) to the customer for all intrastate long-distance charges, interstate long-distance charges, monthly service charges, carrier switching fees, and other relevant charges incurred by the customer during the period of the unauthorized change; and
(b) to the customer's original telecommunications carrier for all charges related to reinstating service to the customer.
(2) A telecommunications carrier or any other entity who purposely or knowingly initiates an unauthorized change of a customer's telecommunications carrier under 69-3-1303 or this section is guilty of a misdemeanor and upon conviction shall be punished as provided in 46-18-212.
(3) (a) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that any entity has initiated an unauthorized change of a customer's telecommunications carrier, the commission may impose for each change made in violation of 69-3-1303 a civil fine not to exceed $1,000 for each violation, which must be deposited in the general fund.
(b) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that an entity has, with a frequency to indicate a general business practice, initiated unauthorized changes of customers' telecommunications carriers, the commission may take any of the following actions:
(i) notify the secretary of state, who shall then suspend or revoke any license, registration, or other filing entitling that entity to transact business in this state;
(ii) prohibit any billing aggregator from billing charges on behalf of the carrier or other entity determined to have engaged in a pattern of violations;
(iii) prohibit a billing agent that bills directly for the carrier or other entity determined to have engaged in a pattern of violations from billing charges on behalf of that carrier or other entity;
(iv) revoke the registration of a service provider or billing aggregator; or
(v) limit the prohibitions under this subsection (3)(b) to a specific period of time. A prohibition under this subsection (3)(b) may be withdrawn upon a showing of good cause.
(4) The commission shall provide adequate time for a billing agent that is prohibited from billing on behalf of a carrier or other entity under this section to terminate a contractual agreement with that carrier or other entity.
(5) The remedies provided by this section are in addition to any other remedies, including injunctive relief, available by law.
History: En. Sec. 5, Ch. 325, L. 1997; amd. Sec. 3, Ch. 244, L. 1999; amd. Sec. 4, Ch. 249, L. 2003.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 13. Change in Customer's Telecommunications Carrier › 69-3-1308. Prohibitions on charges on bill -- exceptions

69-3-1308. Prohibitions on charges on bill -- exceptions.
(1) A telecommunications carrier, service provider, or other entity may not initiate charges to be placed on a customer's telecommunications bill unless the service or product has been requested by and provided to the customer. A customer request must be made in the following manner:
(a) by written authorization, in which the telecommunications carrier, service provider, or other entity has obtained a document signed by the customer containing a clear and conspicuous disclosure of the customer's authorization or order of the product or service; or
(b) by verbal authorization, in which the telecommunications carrier, service provider, or other entity has obtained the customer's verbal authorization as verified by an independent third party or by electronic means in accordance with commission rules.
(2) (a) The documentation provided for in subsection (1)(a) must be signed by the customer responsible for paying the charges on the telecommunications bill.
(b) The documentation provided for in subsection (1) may not be a part of a sweepstakes, contest, or similar promotional program.
(3) A customer is not liable for any charges submitted for billing on the local exchange company's telephone bill by another carrier, service provider, or entity for products or services that the customer did not authorize or that were not provided to the customer.
(4) The provisions of subsections (1) through (3) do not apply to a transaction between a customer and that customer's selected providers of local exchange or interexchange service, except upon a finding by the commission that services billed were neither requested nor received.
History: En. Sec. 5, Ch. 249, L. 2003.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 13. Change in Customer's Telecommunications Carrier › 69-3-1309. Liability for unauthorized charges on telephone bill -- penalty for violation

69-3-1309. Liability for unauthorized charges on telephone bill -- penalty for violation.
(1) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that any entity has initiated unauthorized charges to be placed on a customer's telephone bill for services or products not provided or authorized or that a billing aggregator has caused unauthorized charges to be forwarded to a billing agent for placement on a telephone bill, the commission may impose a civil fine not to exceed $1,000 for each violation. The fines must be deposited in the state general fund.
(2) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that a carrier or service provider has, with a frequency to indicate a general business practice, initiated unauthorized charges to be placed on a customer's telephone bill for services or products not provided or authorized or that a billing aggregator has caused unauthorized charges to be forwarded to a billing agent for placement on a telephone bill, the commission may take any of the following actions:
(a) notify the secretary of state, who shall then suspend or revoke any license, registration, or other filing entitling that carrier or service provider to transact business in this state;
(b) prohibit any billing agent that bills directly on behalf of the service provider determined to have engaged in a pattern of violations from placing the service provider's unauthorized charges on a customer's telephone bill;
(c) prohibit a carrier or service provider determined to have engaged in a pattern of violations from initiating unauthorized charges to be placed on a customer's telephone bill;
(d) prohibit a billing aggregator from forwarding that entity's unauthorized charges to a billing agent;
(e) revoke the registration of the service provider or billing aggregator; or
(f) limit the prohibitions under this subsection (2) to a specific period of time. A prohibition under this subsection (2) may be withdrawn upon a showing of good cause.
(3) The commission shall provide adequate time for a billing agent that is prohibited from billing on behalf of a service provider under this section to terminate contractual agreements with that service provider.
(4) The remedies provided by this section are in addition to any other remedies, including injunctive relief, available by law.
(5) A carrier or service provider that purposely or knowingly initiates unauthorized charges to be placed on a customer's telephone bill for services or products not provided to or authorized by the customer or a billing aggregator that causes unauthorized charges to be forwarded to a billing agent for placement on a telephone bill is guilty of a misdemeanor and upon conviction shall be punished as provided in 46-18-212.
History: En. Sec. 6, Ch. 249, L. 2003.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 13. Change in Customer's Telecommunications Carrier › 69-3-1310. Misrepresentation concerning product or service -- violations -- complaints

69-3-1310. Misrepresentation concerning product or service -- violations -- complaints.
(1) An entity may not misrepresent its association or affiliation with a telephone carrier when soliciting, inducing, or otherwise implementing the customer's agreement to purchase the products or services of the entity and to have the charge for the product or service appear on the customer's telephone bill.
(2) If the commission finds that an entity is operating in violation of any provision of this section, the commission may:
(a) order the carrier or a billing agent that bills directly for that entity to terminate the billing and collection services for that entity. The commission shall provide adequate time for the billing agent to terminate contractual agreements with the entity. This section does not preclude a carrier or billing agent from taking action on its own to terminate billing and collection services.
(b) prohibit the entity's billing aggregator from forwarding any charges from an entity operating in violation of this section to a carrier or billing agent for placement on a customer's telephone bill.
(3) Failure by an entity to respond to commission requests for information related to an investigation of a possible violation of this section is grounds for the commission to:
(a) order the carrier, billing aggregator, or billing agent that bills directly for the entity to cease billing and collection services for the service provider; or
(b) prohibit a billing aggregator from forwarding charges to the billing agent to be placed on a customer's telephone bill.
(4) This section does not obligate a billing agent to provide billing and collection services to a billing aggregator or service provider.
(5) A telephone company has a right of indemnity against anyone who has provided it with false information as to the status of charges billed on behalf of a service provider.
History: En. Sec. 7, Ch. 249, L. 2003.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 13. Change in Customer's Telecommunications Carrier › 69-3-1311. Registration requirements -- prohibitions -- revocation

69-3-1311. Registration requirements -- prohibitions -- revocation.
(1) A service provider may not offer a product or service to a customer, the charge for which appears on the bill of a billing agent, unless the service provider is properly registered with the commission.
(2) A billing aggregator may not forward to a billing agent charges for a service or product offered by a service provider unless the billing aggregator is properly registered with the commission.
(3) A billing aggregator may not forward charges to a billing agent from a service provider who is required to be registered under this section and who is not properly registered under this section.
(4) A billing agent may not directly bill on behalf of a service provider that is not the billing agent if the service provider is not properly registered, if registration is required under this section.
(5) The commission shall provide a form for registration and establish the procedure for registering with the commission. A registration remains effective until revoked by the commission or surrendered by the service provider or billing aggregator.
(6) After notice and an opportunity for a hearing, the commission may revoke a registration.
(7) The commission may revoke the registration of a service provider that has:
(a) knowingly or repeatedly billed one or more customers for unauthorized service; or
(b) engaged in any other false or deceptive billing practices.
(8) The commission may revoke the registration of a billing aggregator that has:
(a) knowingly or repeatedly forwarded the charge for a service or product to a billing agent on behalf of a service provider that was required to be registered with the commission and that was not properly registered; or
(b) engaged in any other false or deceptive billing practices.
(9) Immediately following a revocation of registration under this section, the commission shall provide notice of the revocation to all telecommunications carriers and registered billing aggregators doing business in Montana.
History: En. Sec. 8, Ch. 249, L. 2003.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 13. Change in Customer's Telecommunications Carrier › 69-3-1315. Submission of list of entities served by billing aggregator required

69-3-1315. Submission of list of entities served by billing aggregator required.
Each billing aggregator doing business in Montana shall submit to the commission a list of service providers and other entities for which the billing aggregator provides billing services. The commission shall adopt rules that specify information that must be included with the list in order to enforce the provisions of this part. The list must include the name and address of a contact person for each entity.
History: En. Sec. 9, Ch. 249, L. 2003.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 13. Change in Customer's Telecommunications Carrier › 69-3-1316. Notice to attorney general

69-3-1316. Notice to attorney general.
If the commission has reason to believe that any entity has violated any provision of the law for which a criminal penalty is provided or any law regarding fraud or consumer protection, the commission shall notify the attorney general.
History: En. Sec. 10, Ch. 249, L. 2003.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 14. Natural Gas Utility Restructuring and Customer Choice Act › 69-3-1401. Short title

69-3-1401. Short title.
This part may be cited as the "Natural Gas Utility Restructuring and Customer Choice Act".
History: En. Sec. 1, Ch. 506, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 14. Natural Gas Utility Restructuring and Customer Choice Act › 69-3-1403. Customer choice

69-3-1403. Customer choice.
(1) A natural gas utility may voluntarily offer its customers choice of natural gas supplier and provide open access to its transmission facilities, storage facilities, or distribution facilities.
(2) If a customer choice offering results in transition costs, the commission may allow those transition costs to be recovered in separate identifiable charges to customers. Upon commission approval, the natural gas utility must have the opportunity but not the obligation to finance the fixed transition costs and related financing costs using transition cost financing as provided for in 69-8-103 and 69-8-503.
History: En. Sec. 3, Ch. 506, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 14. Natural Gas Utility Restructuring and Customer Choice Act › 69-3-1404. Functional separation -- code of conduct -- emergency services -- customer protection

69-3-1404. Functional separation -- code of conduct -- emergency services -- customer protection.
(1) Except as provided in 69-3-1413 through 69-3-1416, a natural gas utility that provides customer choice and open access on its system shall:
(a) functionally separate its natural gas production and gathering resources from its natural gas transmission, storage, and distribution services and remove natural gas production and gathering resources from the rate base;
(b) adopt and comply with commission-approved standards of conduct to be included in a tariff to govern its natural gas transmission, storage, and distribution services; and
(c) provide emergency natural gas supply and related services to the extent necessary to maintain the operational integrity of the transmission system as determined by the commission.
(2) The commission shall develop standards that protect consumers and natural gas suppliers from anticompetitive and abusive practices.
(3) This part does not reduce or otherwise change the authority of the commission to review the prudence of natural gas purchases made by a natural gas utility for its customers that do not have a choice or that have not made a choice of natural gas suppliers or have not been assigned a natural gas supplier.
History: En. Sec. 4, Ch. 506, L. 1997; amd. Sec. 6, Ch. 127, L. 2009.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 14. Natural Gas Utility Restructuring and Customer Choice Act › 69-3-1405. Licensing -- procedures -- commission rulemaking

69-3-1405. Licensing -- procedures -- commission rulemaking.
(1) The commission shall license natural gas suppliers and enforce licensing provisions pursuant to this section.
(2) A natural gas supplier shall file an application with and obtain a license from the commission to sell natural gas to customers in the state of Montana.
(3) A licensee shall:
(a) provide copies of all license applications to the commission and to all distribution services providers; and
(b) update information and file annual reports.
(4) A license application becomes effective 30 days after filing with the commission, unless the commission rejects the application during that period. If the commission rejects a license application, the commission shall specify the reasons in writing and, if practical, shall identify alternative ways to overcome deficiencies.
(5) The commission shall promulgate rules requiring licensing information that identifies the licensee and ensures that the natural gas supply is provided as offered and is adequate in terms of quality, safety, and reliability.
(6) The commission may require proof of a licensees financial integrity and a demonstration of adequate firm deliverability to meet load requirements.
(7) Pursuant to its own investigation or upon the complaint of an affected party, the commission may institute a proceeding to revoke or suspend a license of a natural gas supplier for just cause.
History: En. Sec. 5, Ch. 506, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 14. Natural Gas Utility Restructuring and Customer Choice Act › 69-3-1406. Reciprocity

69-3-1406. Reciprocity.
(1) All natural gas suppliers are afforded the comparable opportunity to compete.
(2) A natural gas distribution services provider or its affiliates may not use another natural gas distribution services provider's facilities in the state of Montana to sell natural gas to customers in the state of Montana unless the natural gas distribution services provider or its affiliates offer customer choice and open access to their natural gas distribution facilities.
History: En. Sec. 6, Ch. 506, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 14. Natural Gas Utility Restructuring and Customer Choice Act › 69-3-1407. Optional performance-based ratemaking for natural gas utilities -- commission rulemaking

69-3-1407. Optional performance-based ratemaking for natural gas utilities -- commission rulemaking.
(1) The commission may, upon application and after giving notice and conducting a hearing as provided in 69-3-303, authorize any natural gas utility to implement an optional form of rate regulation using a performance-based ratemaking methodology.
(2) The commission may approve a performance-based ratemaking methodology if it finds that the methodology:
(a) preserves adequate service to all classes of customers, including transportation-only customers;
(b) does not unreasonably prejudice or disadvantage any class of natural gas utility users;
(c) provides incentives for improved performance by the natural gas utility in the natural gas utility's public duties;
(d) results in rates that are not excessive; and
(e) is in the public interest.
(3) The commission may, after giving notice and conducting a hearing as provided in 69-3-303, modify or discontinue a natural gas utility's performance-based ratemaking previously authorized under this section if the commission finds that:
(a) natural gas service to one or more classes of customers has deteriorated or will deteriorate;
(b) any class of natural gas utility customer is being unreasonably prejudiced or disadvantaged;
(c) the performance-based ratemaking is not providing or will not provide reasonable incentives for improved performance by a natural gas utility in the performance of its public duties;
(d) rates are excessive compared to a natural gas utility's cost of service;
(e) terms ordered by the commission in connection with the approval of a natural gas utility's implementation of performance-based ratemaking have been violated; and
(f) the performance-based form of regulation is not in the public interest.
(4) The commission shall promulgate rules for monitoring a natural gas utility that has implemented performance-based ratemaking to ensure that the natural gas utility is in compliance with the requirements of this section.
History: En. Sec. 7, Ch. 506, L. 1997.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 14. Natural Gas Utility Restructuring and Customer Choice Act › 69-3-1408. Universal system benefits programs -- establishing nonbypassable rate -- exemption

69-3-1408. Universal system benefits programs -- establishing nonbypassable rate -- exemption.
(1) Except as provided in subsection (4), a natural gas utility shall implement, upon commission approval and subject to ongoing commission oversight and direction, a universal system benefits program.
(2) Except as provided in subsection (4), the commission shall establish a universal system benefits charge that natural gas transmission services providers or distribution services providers, or both, in the state of Montana shall charge to all end-use customers, taking into consideration the current level of expenditure by the natural gas utility, cost-effectiveness, and similar costs imposed in other states. The charge may be established and revised through a universal system benefits charge tracking procedure. The method of assessing the charge may not disproportionately burden a large transmission services provider's customers. Within the universal system benefits charge, beginning January 1, 2007, a natural gas utility's minimum annual funding requirement for low-income weatherization and low-income energy bill assistance is established at 0.42% of a natural gas utility's annual revenue for the previous year. A natural gas utility must receive credit for its internal programs or activities that qualify as universal system benefits programs.
(3) Except as provided in subsection (4), a natural gas utility shall file an annual report of its universal system benefits charges, programs, and program funding levels with the commission in a manner prescribed by the commission.
(4) A natural gas utility that serves 200 or fewer customers is exempt from the requirements of subsections (1) through (3).
History: En. Sec. 8, Ch. 506, L. 1997; amd. Sec. 2, Ch. 174, L. 2007; amd. Sec. 1, Ch. 19, L. 2015.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 14. Natural Gas Utility Restructuring and Customer Choice Act › 69-3-1409. Repealed

69-3-1409. Repealed.
Sec. 1, Ch. 107, L. 2005.
History: En. Sec. 9, Ch. 506, L. 1997; amd. Sec. 43, Ch. 19, L. 1999.
2023 Montana Code Annotated › Title 69. Public Utilities and Carriers › Chapter 3. Regulation of Utilities › Part 14. Natural Gas Utility Restructuring and Customer Choice Act › 69-3-1413. Statement of purpose

69-3-1413. Statement of purpose.
The purpose of 69-3-1413 through 69-3-1416 is to establish procedures for a natural gas utility that has restructured pursuant to this part to acquire rate-based facilities.
History: En. Sec. 1, Ch. 127, L. 2009.