Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.38 - Unauthorized Change of Provider › Rule 38.5.3819 - SALE OR TRANSFER OF SUBSCRIBER BASES

Current through Register Vol. 13, July 5, 2024
(1)
				A carrier may acquire, through a sale or transfer, either part or all of
				another carrier's subscriber base without obtaining each subscriber's
				authorization and verification in accordance with ARM
				38.5.3801, provided that the
				acquiring carrier complies with the following procedures. A carrier may not use
				these procedures for any fraudulent purpose, including any attempt to avoid
				liability for violations under ARM 38.5.3801.
(a) No later than 30 days before the planned
				transfer of the affected subscribers from the selling or transferring carrier
				to the acquiring carrier, the acquiring carrier shall file with the commission
				a letter of notification providing the names of the parties to the transaction,
				the types of telecommunications services to be provided to the affected
				subscribers, and the date of the transfer of the subscriber base to the
				acquiring carrier. In the letter notification, the acquiring carrier also shall
				certify compliance with the requirement to provide advance subscriber notice in
				accordance with the obligations specified in that notice, and with other
				commission requirements that apply to this process. In addition, the acquiring
				carrier shall attach a copy of the notice sent to the affected
				subscribers.
(b) If, subsequent to
				the filing of the letter notification with the commission required by (2) (a),
				any material changes to the required information should develop, the acquiring
				carrier shall file written notification of these changes with the commission no
				more than 10 days after the transfer date announced in the prior notification.
				The commission may require the acquiring carrier to send an additional notice
				to the affected subscribers regarding such material changes.
(c) Not later than 30 days before the
				transfer of the affected subscribers from the selling or transferring carrier
				to the acquiring carrier, the acquiring carrier shall provide written notice to
				each affected subscriber of the information specified. The acquiring carrier is
				required to fulfill the obligations set forth in the advance subscriber notice.
				The following information must be included in the advance subscriber notice:
(i) The date on which the acquiring carrier
				will become the subscriber's new provider of telecommunications
				service;
(ii) The rates, terms, and
				conditions of the service(s) to be provided by the acquiring carrier upon the
				subscriber's transfer to the acquiring carrier, and the means by which the
				acquiring carrier will notify the subscriber of any change(s) to these rates,
				terms, and conditions;
(iii) The
				acquiring carrier will be responsible for any carrier change charges associated
				with the transfer;
(iv) The
				subscriber's right to select a different preferred carrier for the
				telecommunications service(s) at issue, if an alternative carrier is
				available;
(v) All subscribers
				receiving the notice, even those who have arranged preferred carrier freezes
				through their local service providers on the service(s) involved in the
				transfer, will be transferred to the acquiring carrier, unless they have
				selected a different carrier before the transfer date; existing preferred
				carrier freezes on the service(s) involved in the transfer will be lifted; and
				the subscribers must contact their local service providers to arrange a new
				freeze;
(vi) Whether the acquiring
				carrier will be responsible for handling any complaints filed, or otherwise
				raised, prior to or during the transfer against the selling or transferring
				carrier; and
(vii) The toll-free
				customer service telephone number of the acquiring carrier.