reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2702 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Regulated telecommunications service"
				means two-way switched, voice grade access and transport of communications
				originating and terminating in this state and nonvoice grade access and
				transport if intended to be converted to or from voice-grade access and
				transport including any service, terms, charges or condition associated with or
				imposed to acquire or maintain regulated telecommunications service.
(2) Regulated telecommunications service does
				not include the provision of:
(a) terminal
				equipment used to originate or terminate regulated telecommunications
				service;
(b) private
				telecommunications service as defined at
				69-3-804,
				MCA;
(c) resale of
				telecommunications service;
(d)
				one-way transmission of television signals;
(e) cellular communication; or
(f) radio paging or mobile radio
				service.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2703 - NOTICE

Current through Register Vol. 13, July 5, 2024
(1) Any person, corporation or organization
				wishing to be on a commission telecommunications mailing list shall submit
				their name and address, in writing, to the Assistant Administrator, Utility
				Division, Montana Public Service Commission, 1701 Prospect Avenue, P.O. Box
				202601,Helena, Montana 59620-2601, and clearly indicate, by reference to this
				rule, that they want to be on a telecommunications mailing list. A yearly fee
				may be charged to recover the cost of this service.
Sec.
					 69-3-822,
					 MCA; IMP, Secs.
					 69-3-803(3)
					 and
					 69-3-807,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2704 - SERVICE PRESUMED TO BE BASIC TELECOMMUNICATIONS SERVICE

Current through Register Vol. 13, July 5, 2024
(1) All telecommunications service is
				presumed to be regulated telecommunications service except the services listed
				in
				69-3-803(3),
				MCA. The rules applicable to the regulation of public utilities continue to
				apply to regulated telecommunications service. Telecommunications services
				regulated at the date of adoption of these rules continue to be regulated
				unless deregulated by statute and the tariff withdrawal approved by this
				commission.
Sec.
					 69-3-822,
					 MCA; IMP, Secs.
					 69-3-803(3)
					 and
					 69-3-807,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2705 - INFORMATION REQUIRED TO DETERMINE STATUS OF SERVICE AS REGULATED OR NOT REGULATED

Current through Register Vol. 13, July 5, 2024
(1) A
				telecommunications service provider may assert that a service it offers is not
				regulated by informing the commission of its intent to offer the service as not
				regulated no later than 90 days prior to offering the service as not regulated.
				The following information shall be provided to the commission:
(a) the name and address of the
				provider;
(b) a complete
				description of the service asserted to be not regulated, including an
				engineering description;
(c) a
				description of the market and geographic area in which the service is or will
				be offered;
(d) the type, and an
				estimate of the number, of existing and potential customers offered the
				service; and,
(e) an affidavit that
				all persons and organizations on the telecommunications mailing list have been
				notified as required in ARM
				38.5.2706.
(f) within 10 days of filing the information
				requested in (a) through (e), an affidavit that all customers of the service,
				if any, have been appropriately informed of the provider's intent to offer the
				service as not regulated;
(g) The
				commission may require additional information from the provider.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2706 - NOTICE OF FILING TO INTERESTED PERSONS AND PROVIDERS

Current through Register Vol. 13, July 5, 2024
(1) When a telecommunications service
				provider files its intent to offer a service as not regulated as required by
				ARM 38.5.2705, it must notify all
				persons and entities on the telecommunications mailing list that it asserts
				that the service is not regulated. The notification shall contain the name and
				address of the provider, a description of the service asserted to be not
				regulated and the mailing date.
Sec.
					 69-3-822,
					 MCA; IMP, Secs.
					 69-3-803(3)
					 and
					 69-3-807,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2707 - COMMISSION PRIMARY JURISDICTION

Current through Register Vol. 13, July 5, 2024
(1) The
				commission shall have primary jurisdiction to determine if a telecommunications
				service is regulated. The commission may make its determination using contested
				case procedure or, if no hearing is requested, may act without a
				hearing.
(2) Any interested party
				may comment in writing on the assertion that a telecommunications service is
				not basic telecommunications service by filing comments with the commission
				within 20 days of the mailing date of the notification required in ARM
				38.5.2706 or, if a hearing is
				scheduled, within 10 days of the hearing. The commission may consider these
				comments in making its determination.
(3) If the commission makes its determination
				without a hearing it shall inform the provider that it has accepted or rejected
				the assertion that the service is not regulated within 60 days of the filing of
				the information required in ARM
				38.5.2705. If the commission takes
				no action within 60 days, the provider may consider the service not
				regulated.
(4) If a hearing is
				required:
(a) The commission must promptly
				schedule the hearing and must give written notice as required in ARM
				38.2.1801.
(b) The commission must inform the
				telecommunication provider that it has accepted or rejected its assertion that
				the service is not regulated within 60 days of the hearing.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2708 - ADDITIONAL INFORMATION THAT MAY BE REQUIRED FROM REGULATED PROVIDERS

Current through Register Vol. 13, July 5, 2024
(1) If the commission determines that a
				service is not regulated and the telecommunications provider also provides
				regulated telecommunications service the commission may require information
				regarding:
(a) the revenues of and the cost
				of providing the not regulated service;
(b) the loss, if any, in net expected
				contribution to the revenue requirement of regulated service caused by the
				deregulation; and
(c) whether the
				provider proposes to adjust rates in its regulated service to compensate for
				the loss of contribution.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2709 - PROHIBITION AGAINST CROSS-SUBSIDIZATION

Current through Register Vol. 13, July 5, 2024
(1)
				No provider of regulated telecommunications service may use current revenues
				earned or expenses incurred in conjunction with a regulated service to
				subsidize a not regulated service. The accounting records of the provider shall
				be kept in a manner that provides adequate information to detect
				cross-subsidization. The commission has the authority to determine the proper
				assignment or allocation of revenues, expenses and common investment between
				regulated and not regulated service.
(2) Commission review to determine the proper
				allocation between regulated and not regulated service may be in a rate case or
				the commission may initiate an investigation.
(3) A fully allocated cost accounting or
				tracking system shall be implemented by each telecommunications provider to
				separate all revenues and costs that are regulated by this commission.
(a) If the commission finds it necessary it
				may require a telecommunications provider to maintain entirely separate records
				and accounts of regulated telecommunications service.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2710 - MANNER OF REGULATION OF TELECOMMUNICATION SERVICE

Current through Register Vol. 13, July 5, 2024
(1) All regulated telecommunications service
				providers shall file a statement of provision of telecommunications service
				with the commission. All current providers shall file within six months of the
				enactment of these rules. Thereafter any telecommunications provider shall
				inform the commission of any change within 30 days of the change.
(2) The statement shall contain the
				information required in
				69-3-805(1)
				(a) -(c), MCA, and:
(a) a description of the facilities
				used;
(b) tariffs for the regulated
				telecommunications service, if not on file, or a request that tariffs not be
				required by the commission.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2711 - REGULATION OF RATES AND CHARGES

Current through Register Vol. 13, July 5, 2024
(1) All
				regulated telecommunications service may be subject to this rule. Nothing in
				these rules authorizes the detariffing of any ser- vice for which there is no
				alternative provider of such service.
(2) The commission may initiate a
				determination of whether alternatives to rate setting are appropriate or the
				telecommunications provider or an interested party may request a determination.
				If the commission initiates the determination it must notify all parties on the
				telecommunications mailing list that it intends to consider alternatives to
				rate setting and may give any additional notice it deems appropriate. If a
				telecommunications provider or an interested party petitions the commission for
				an alternative to rate setting it shall notify all parties on the
				telecommunications mailing list.
(3) To make its determination the commission
				may use contested case procedure, or if no hearing is requested, act without a
				hearing.
(4) A petition for an
				alternative to specific rates, tariffs or fares pursuant to
				69-3-807(2) (a)
				through (e), MCA, shall contain the following
				information:
(a) a complete description of
				the service proposed to be detariffed;
(b) the number and type of customer
				affected;
(c) the service territory
				in which the proposed detariffed service will be offered;
(d) the name and address of alternative
				service providers offering the service in the territory;
(e) the justification for detariffing the
				service; and
(f) an affidavit that
				all persons and entities on the telecommunications mailing list have been
				notified as required in part (3) of this rule.
(g) the commission may require additional
				information to make its determination.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2712 - ALTERNATIVE TO RATE SETTING

Current through Register Vol. 13, July 5, 2024
(1) To determine if
				any of the alternatives to rate setting listed in part (2) of this rule are
				appropriate, the commission shall consider the factor listed in
				69-3-807(3) (a)
				-(e), MCA.
(2) If the commission determines that an
				alternative to rate setting is appropriate for the telecommunications service
				the commission may act as allowed in
				69-3-807(2) (a)
				-(e), MCA.
(3) Twenty days prior to offering the service
				at a rate not set by this commission, the telecommunications provider shall
				inform current customers that the service will no longer be tariffed.
Sec.
					 69-3-822,
					 MCA; IMP, Sec.
					 69-3-807,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2713 - FILING REQUIREMENT OF DETARIFFED SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Any telecommunications provider offering
				regulated telecommunications service detariffed under ARM
				38.5.2712 shall maintain
				sufficient internal documentation to demonstrate that the revenues from
				detariffed operations are in excess of the incremental cost of providing the
				service. To the extent that detariffed operations do not cover incremental
				costs the commission will not allow those costs to be recovered through the
				rates of regulated services.
Sec.
					 69-3-822,
					 MCA; IMP, Sec.
					 69-3-807,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2714 - PROCEDURES TO REQUIRE RE-TARIFFING

Current through Register Vol. 13, July 5, 2024
(1) The
				commission retains the right to retariff. A determination that a service should
				be retariffed is dependent on the factors listed in
				69-3-807(3) (a)
				-(e), MCA.
(2) Any interested party may petition the
				commission for a redetermination of whether an alternative to rate setting is
				appropriate. The burden of proof is on the party attempting to establish that
				the service should be retariffed. Such a request will be considered a complaint
				subject to the requirements of ARM
				38.2.2101 through
				38.2.2107.
(3) If the commission intends to reconsider
				whether alternatives to rate setting are appropriate, it shall notify the
				telecommunication provider and all those on the telecommunications mailing
				list. Any interested party may file written comments within 20 days of
				notification that the commission intends to reconsider whether alternatives to
				rate setting are appropriate. If there is no material factual question the
				commission may make its determination without a hearing.
Sec.
					 69-3-822,
					 MCA; IMP, Sec.
					 69-3-807,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2715 - FORBEARANCE

Current through Register Vol. 13, July 5, 2024
(1) Any telecommunications provider may apply
				to the commission for forbearance of regulation for purposes of negotiating an
				individual customer contract pursuant to
				69-3-808,
				MCA, in accordance with the procedures set forth in this rule. The procedures
				specified herein must be satisfied before a telecommunications provider may
				offer an individual customer contract containing rates which differ from the
				provider's applicable tariffs or price lists.
(2) A telecommunications provider requesting
				forbearance approval for a particular customer must file an application with
				the commission containing all of the following information:
(a) the name and address of the
				telecommunications provider requesting forbearance;
(b) the name, address and telephone number of
				the customer;
(c) a description of
				the telecommunications service(s) to be offered the customer, including
				specific references to the provider's tariffs and price lists, and the market
				area to be served.
(d) A statement
				that either:
(i) Another telecommunications
				provider has given the customer an oral or written competitive offer to provide
				the same or similar service(s) for which forbearance is requested; or
(ii) The customer has requested a quotation
				of prices from another telecommunications provider having tariffs or price
				lists for similar services on file with the commission.
(e) the name, address and telephone number of
				the alternative provider referred to in (d), if known.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2716 - FORBEARANCE CONTRACTS

Current through Register Vol. 13, July 5, 2024
(1) After
				forbearance is granted the telecommunications provider may negotiate with the
				customer for the provision of the service(s) without regard to its filed
				tariffs or price lists. Within ten days after reaching a final contract or
				agreement, the telecommunications provider shall file with the commission:
(a) A copy of the final contract or
				agreement; and
(b) The charges and
				conditions of service.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2717 - BILLING (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-822,
					 MCA; IMP,
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2720 - FLEXIBLE PRICING FOR REGULATED TELECOMMUNICATIONS SERVICE - GENERAL

Current through Register Vol. 13, July 5, 2024
(1) "Flexible pricing" is a regulatory
				procedure which permits regulated rates for certain regulated
				telecommunications services to be changed quickly to meet market conditions.
				Rates resulting from flexible pricing are sometimes referred to as "market
				retention rates" or "competitive response rates." Flexible pricing may include
				a fixed alternative rate or a permissible range of rates with fixed minimum and
				maximum rates.
(2) Flexible pricing
				is not detariffing (i.e., total or partial detariffing of rates as provided at
				69-8-807, MCA). A flexible pricing rate and operating rules related to such
				rate remain regulated and tariffed. Flexible pricing does not include
				forbearance (i.e., forbearance of rate regulation as provided at
				69-3-808,
				MCA) or promotions (i.e., promotional pricing, market trials, and sales-related
				activities as provided at
				69-3-305,
				MCA). Detariffing, forbearance, and promotional pricing are separate and
				distinct from flexible pricing.
69-3-103,
					 MCA; IMP,
					 69-3-807,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2721 - FLEXIBLE PRICING FOR REGULATED TELECOMMUNICATIONS SERVICE - PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) Except at provided in (2), applications
				for flexible pricing must include:
(a) a
				statement that the application is for flexible pricing in accordance with these
				rules and a statement that the application is not for detariffing, forbearance,
				or promotional pricing;
(b) an
				identification of the tariffed rate and the tariffed operating rules related to
				such rate which will be affected by or implemented in the flexible pricing,
				accompanied by a proposed tariff page reflecting all proposed tariff changes,
				through interlining of material to be deleted and underlining of material to be
				added, that will result if the application for flexible pricing is
				approved;
(c) specifically, by each
				wire center to which the application for flexible pricing pertains:
(i) an identification of the number, size,
				and distribution of alternative providers of the service to be flexibly priced
				and, as of the date of application, the number, size, and distribution of each
				alternative provider actually providing the service to be flexibly
				priced;
(ii) documentation of the
				entry of each alternative provider into the area affected;
(iii) the extent to which services are
				available from these alternative providers;
(iv) the ability of these alternative
				providers to make functionally equivalent or substitute service readily
				available;
(v) the present market
				share of each alternative provider for the service; and
(vi) an estimate of the number of customers
				who have chosen service from the alternative providers;
(d) a description of the overall impact of
				the flexible pricing on the continued availability of existing services at just
				and reasonable rates, including the continued maintenance of basic service at
				affordable rates;
(e) a description
				of the overall impact of the proposed flexible pricing on the continued
				encouragement of competition in the provision of telecommunications services;
				and
(f) verification that the
				alternative lower price or the minimum price in a proposed range of prices
				cover all relevant incremental costs for each specific geographical area and
				product mix for which the flexible pricing is proposed.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2722 - FLEXIBLE PRICING FOR REGULATED TELECOMMUNICATIONS SERVICE - APPROVAL

Current through Register Vol. 13, July 5, 2024
(1) The commission will approve or deny
				flexible pricing on a case-by-case basis considering all relevant
				factors.
(2) Rate changes required
				to offset any reduction in revenues resulting from implementation of flexible
				pricing will only be considered in the context of a general rate
				proceeding.
69-3-103,
					 MCA; IMP,
					 69-3-807,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2730 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) ARM
				38.5.2730 through
38.5.2750 apply to applications by
				  carriers, as defined in ARM
38.5.3302(3),for
				  the approval of a new detariffed telecommunications service introduced pursuant
				  to §
										69-3-810,
				  MCA. As alternatives to the procedures in ARM
				  38.5.2730 through 38.5.2750,
				  carriers may elect to request that a new telecommunications service be
				  detariffed pursuant to:
(a) the
				commission's detariffing rules, ARM
				38.5.2711 through
				38.5.2712, and §
										69-3-807(2) and
				(3), MCA, or
(b) the standards set forth in §
										69-3-807(4),
				MCA. Nothing in ARM
				38.5.2730 through
				38.5.2750 precludes a carrier from
				otherwise introducing a new telecommunications service on a tariffed basis,
				pursuant to an application filed and approved by the commission. The provisions
				of ARM 38.5.2730 through
				38.5.2750 are not applicable to
				new services offered on a tariffed basis.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2732 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) For purposes of ARM
				38.5.2730 through
				38.5.2750, "new service" means any
				service that is introduced separately or in combination with other services,
				and:
(a) Is not functionally required to
				provide local exchange service;
(b)
				Is not a repackaged current service; and
(c) Is not a direct replacement for a
				regulated telecommunications service.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2735 - FILING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A carrier must
				file an application with the commission requesting approval of a new service
				pursuant to
				69-3-810,
				MCA, in accordance with the following filing requirements. The carrier must
				file an application containing the following information:
(a) A description of the service;
(b) The proposed terms and conditions under
				which the service would be offered;
(c) A proposed minimum price for the
				service;
(d) The proposed price
				list sheets for the service, containing the information required in ARM
				38.5.2747(2).
(e) Detailed answers
				to the following:
(i) Is the service
				functionally required to provide local exchange service? Explain.
(ii) Is the service, or any component
				thereof, similar to any past or present service offered by any carrier in
				Montana (including the applicant) ? The applicant must provide details,
				including a list of such services, the name(s) of such carrier(s), and a
				description of the differences between the services.
(iii) If any service is identified in (ii),
				explain why the proposed new service:
(A) is
				not a repackaged current service, and
(B) is not a direct replacement for a
				regulated telecommunications service.
(f) The relevant incremental cost of
				providing the service, including supporting work papers and analysis. Cost
				information may be filed on a proprietary basis pursuant to
				69-3-105,
				MCA;
(g) Identify any products or
				services offered by unregulated firms, or firms other than carriers, which
				could compete with the proposed new service, describe their availability in
				Montana, and describe the differences between those products or services and
				the proposed new service;
(h) A
				statement on the first page of the application containing the following:
				"Notice: This application for approval of a new telecommunications service is
				being filed with the Montana public service commission pursuant to
				69-3-810,
				MCA. Interested parties which appear on the commission's new services
				telecommunications mailing list are receiving a copy of this application
				pursuant to ARM
				38.5.2735; and should file any
				comments they have regarding this filing within 10 days after this application
				was filed with the commission, at the following address:
Mr. Dennis Crawford
Montana Public Service Commission
P.O. Box 202601
1701 Prospect Avenue
Helena, MT 59620-2601 The commission may take action on this
				  filing after the ten day comment period elapses. If the commission has not
				  acted on this filing within 30 days following issuance of this notice, the
				  applicant may proceed to offer the new service on a detariffed basis (i.e. with
				  reduced regulatory oversight of rate changes and maximum rates). This
				  application is governed by ARM
				  38.5.2730 through
				  38.5.2750."
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2740 - APPROVAL PROCESS

Current through Register Vol. 13, July 5, 2024
(1) The 10 day
				period immediately following the filing and service of the application
				constitutes a comment period for interested parties. However, nothing herein
				shall be interpreted to preclude interested parties from filing comments or
				requesting a hearing more than 10 days after filing and service of the
				application.
(2) Following the 10
				day comment period, the commission may:
(a)
				Approve the application,
(b) Deny
				the application,
(c) Suspend the
				offering of the service, or
(d)
				Grant interim approval of the offering of the service.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2742 - PROVISION OF NEW SERVICE

Current through Register Vol. 13, July 5, 2024
(1) A new service
				which has been approved as provided above, may be offered on a "detariffed"
				basis. For purposes of this rule, "detariffed" means that the rates for the
				service may be changed without commission approval (above a minimum rate), but
				the service otherwise remains fully regulated.
(2) At the time the service is offered to the
				public, the carrier must file a compliance price list with the commission
				containing:
(a) The terms, conditions and
				description of the service;
(b) The
				minimum rate for the service; and
(c) The rate to be charged for the
				service.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2744 - PRICE LIST REVISIONS

Current through Register Vol. 13, July 5, 2024
(1) A carrier may
				request a change in a price list rate for a new service by filing a proposed
				new price list with the commission which complies with the provisions of these
				rules, and mailing a copy to the commission's new services telecommunications
				mailing list at least seven (7) days prior to the proposed effective date of
				the new price list rate. The carrier must concurrently file a certificate of
				service which affirms compliance with this rule.
(2) Proposed new price list rates become
				automatically effective for services rendered seven (7) days after filing and
				service is completed pursuant to subsection (1) ; no commission action or
				approval is necessary.
(3) If a
				carrier designates an effective date more than seven (7) days after a filing
				made pursuant to subsection (1), the new price list rate becomes automatically
				effective for services rendered after such designated date.
(4) The automatic approval process described
				in this rule is only available to change a price list rate to another rate
				which is also above the minimum rate in the current price list. Formal explicit
				commission approval is required to alter the minimum rate or the terms,
				conditions and description contained in the price list.
Sec.
					 69-3-822,
					 MCA; IMP, Sec.
					 69-3-810,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2750 - RETARIFFING

Current through Register Vol. 13, July 5, 2024
(1) The commission retains the
right to retariff a detariffed new service.
(2) The commission may initiate a proceeding,
				or an interested party may petition, for the retariffing of a detariffed new
				service in accordance with the procedure described in ARM
				38.5.2714.
Sec.
					 69-3-822,
					 MCA; IMP,
					 69-3-810,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.27 - Telecommunications Act › Rule 38.5.2760 - WITHDRAWAL

Current through Register Vol. 13, July 5, 2024
(1) A carrier may request withdrawal of a
				current telecommunications service pursuant to §
									69-3-810(4),
				MCA, in accordance with the following procedure. This rule shall not preclude a
				carrier from requesting withdrawal of a service pursuant to other procedural
				methods which are consistent with the Montana Administrative Procedure Act and
				other applicable provisions of law.
(2) An application requesting commission
				approval of withdrawal of a current service must contain the following
				information:
(a) The name and address of the
				applicant;
(b) The name and
				description of the service, including specific reference to tariffs and/or
				price list sheets;
(c) The
				approximate number of Montana customers currently subscribing to the service
				from the applicant;
(d) The names
				of other carriers capable of offering the same or similar service to the
				applicant's current customers, if known;
(e) The current price for the
				service;
(f) An explanation of the
				reasons why the applicant is requesting withdrawal of the service;
				and
(g) Any disadvantages, adverse
				effects or hardships which may be incurred by customers due to withdrawal of
				the service, if known.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2801 - LETTER OF TRANSMITTAL

Current through Register Vol. 13, July 5, 2024
(1) The letter
				accompanying a telecommunications utility rate case filing to the commission
				shall contain a minimum of the following:
(a)
				A list of documents submitted with the filing;
(b) A list of names and addresses of those to
				whom copies of the rate case have been mailed;
(c) A brief description of the proposed
				changes in service, rates, and revenue levels;
(d) Reasons for the proposed
				changes;
(e) Estimated number of
				customers whose rates will be effected;
(f) List of names and phone numbers of
				utility employees or consultants who shall be responsible for answering
				questions concerning the rate case;
(g) List of names and addresses of utility
				employees or consultants who should be included on the service list.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2802 - APPLICATIONS FOR RATE INCREASES

Current through Register Vol. 13, July 5, 2024
(1)
				Applications for rate increases exceeding $500,000 annually shall include,
				minimally, the information required in ARM
				38.5.2808 through
				38.5.2820. Applications for rate
				increases not exceeding $500,000 annually shall contain such information the
				utility feels will allow the commission to adequately evaluate the request for
				an increase in rates. Additional information may be required by the commission
				or its staff subsequent to the time of filing.
(2) The original and ten copies of the letter
				of transmittal, the application, all testimony, and all statements required in
				ARM 38.5.2808 through
				38.5.2820 inclusive shall be
				submitted to the commission at the date of filing. Montana consumer counsel
				shall receive two copies of the same materials.
(3) One copy of all of the material required
				in these rules shall be submitted on computer diskettes compatible with either
				IBM personal computers or an IBM System 36 where possible.
(4) All or any part of the requirements of
				these rules may be waived by a quorum of the commission upon a showing of good
				cause. Waiver of any requirements, however, shall not preclude the commission
				from requiring the filing of specific cost data and material sufficient to
				support the application.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2803 - ANALYSIS OF TOTAL SYSTEM COSTS FOR A TWELVE MONTH HISTORICAL TEST YEAR

Current through Register Vol. 13, July 5, 2024
(1) The application shall contain an analysis
				of total Montana costs as reflected on the filing utility's books for a test
				period consisting of 12 months actual experience ending no earlier than 9
				months prior to the date of the filing of the application to increase rates.
				Any proposed adjustments to book costs shall be explained in writing. Such
				adjustments to book costs shall be shown separately and shall be fully
				supported, including schedules showing their derivation, where appropriate.
				However, no adjustments shall be permitted unless based on changes in
				facilities, operations, or costs which are known with certainty and measurable
				with reasonable accuracy at the time of the filing. No adjustment will be
				entertained unless it will become effective within 12 months of the last month
				of the test period.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2804 - OTHER DATA RELIED ON

Current through Register Vol. 13, July 5, 2024
(1) If the
				applicant has relied on data other than those in statements A to I in support
				of its rate increase, such other data, appropriately identified and designated
				as such and separately stated, shall be submitted in addition to the data
				required in statements A to I.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2805 - WORKING PAPERS TO BE FILED

Current through Register Vol. 13, July 5, 2024
(1) Three sets of
				all detailed working papers or documentation supporting the filing and/or the
				statements described in these rules shall be submitted at the time the
				application is filed with the Commission. Such working papers shall be supplied
				by the applicant to intervenors on request.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2806 - UNIFORM SYSTEM OF ACCOUNTS TO BE GENERALLY FOLLOWED

Current through Register Vol. 13, July 5, 2024
(1) All statements and schedules shall be
				prepared in accordance with the Federal Communications Commission Uniform
				System of Accounts, provided that such action does not conflict with Montana
				law and the commission's rules and orders. If the applicant believes that the
				FCC classifications are inconsistent with this commission's orders, the
				applicant's treatment and the inconsistency shall be stated on all related
				materials disclosing full particulars properly cross-referenced to the filing.
				Computations and other information related to the inconsistency shall be
				available for examination by the staff and intervenors. The treatment of any
				expense, rate base or revenue item that is not in conformance with, or is
				inconsistent with, prior commission orders is to be clearly identified and
				explained.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2807 - COST OF SERVICE DATA

Current through Register Vol. 13, July 5, 2024
(1) With the
				initial application for a rate increase under these rules, the applicant shall
				submit a complete cost of service study supporting the services and customer
				classes receiving proposed rate increases and a clear showing that revenues
				from services or customer classes proposed to be excluded from a rate increase
				are covering costs.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2808 - STATEMENT A - BALANCE SHEET

Current through Register Vol. 13, July 5, 2024
(1) Statement A
				shall include the balance sheets on a total company basis as of the beginning
				and end of the test period, and the most recent balance sheet.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-2-101,
					 69-3-821
					 and
					 69-3-822,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2809 - STATEMENT B - INCOME STATEMENTS

Current through Register Vol. 13, July 5, 2024
(1) Statement B
				shall include an income statement for the test period
set forth as follows:
(a) Total company;
(b) Total state;
(c) Regulated total state;
(d) Regulated intrastate.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2810 - STATEMENT C - RATE BASE

Current through Register Vol. 13, July 5, 2024
(1) Statement C
				shall include the average rate base proposed by the applicant set forth in a
				manner similar to the format shown in Statement B.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2811 - STATEMENT D - PLANT NOT USED AND USEFUL

Current through Register Vol. 13, July 5, 2024
(1)
				Statement D shall set forth the cost and description of plant carried on the
				company's books as utility plant which is not used and useful.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-2-101
					 and
					 69-3-109,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2812 - STATEMENT E - ALLOCATION OF OVERALL ACCOUNTS

Current through Register Vol. 13, July 5, 2024
(1) Statement E shall set forth the
				allocation of all overall accounts to separate the amounts applicable to
				regulated service and not regulated services and shall provide a complete
				explanation of the method, procedures, and significant data used in making the
				allocations. All allocation factors shall be provided. Any method or procedure
				for allocating revenues or costs that has changed since the prior rate case
				must be specifically set forth and explained.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-821
					 and
					 69-3-822,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2813 - STATEMENT F - AFFILIATED INTEREST TRANSACTIONS

Current through Register Vol. 13, July 5, 2024
(1) If the expense or capital accounts
				contain charges or credits from associated entities of the applicant, submit
				for each such associated entity work papers showing the following:
(a) The amount of the charges or credits
				during the test period;
(b) The
				account classification or classifications
charged or credited;
(c) Descriptions of the specific services
				performed for or by the associated entity;
(d) The basis used in determining the amounts
				of the charges or credits.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2814 - STATEMENT G - INCOME TAXES

Current through Register Vol. 13, July 5, 2024
(1) Statement G
				shall include a reconciliation between booked taxes and actual taxes paid. All
				adjustments shall be completely described and the amounts thereof shown
				separately. Amounts of deferred taxes debited and credited shall be shown
				separately. There also should be shown the amounts and basis of assignments of
				taxes attributed to not regulated operations. Any abnormalities such as
				nonrecurring gains, losses and deductions affecting the income tax for the test
				period shall be explained and the tax effect set forth.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2815 - STATEMENT H - RATE OF RETURN

Current through Register Vol. 13, July 5, 2024
(1) Statement H
				shall show the percentage rate of return claimed. The statement shall show the
				cost of debt capital, preferred stock capital, and common stock capital and the
				overall rate of return claimed based on the utilities capitalization. In
				addition, items required in ARM
				38.5.2816 through
				38.5.2819, inclusive, shall be
				submitted as part of Statement H. In such cases where 50 percent or more of the
				common stock of the public utility is not held by the public but is owned by
				another corporation, the information required in Statement H shall also be
				submitted to the extent applicable with respect to the parent
				company.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2816 - DEBT CAPITAL

Current through Register Vol. 13, July 5, 2024
(1) Statement H
				shall include the weighted average cost of debt capital based upon the
				following data for each class and series of long-term debt outstanding
				according to the most recently available balance sheet:
(a) Title;
(b) Date of issuance and date of
				maturity;
(c) Interest
				rate;
(d) Principal amount of
				issue;
(e) Net proceeds;
(f) Amount currently outstanding;
(g) Cost of money and yield to maturity based
				on the interest rate and net proceeds per unit outstanding determined by
				reference to any generally accepted table of bond yields;
(h) If issue is owned by an affiliate, state
				name and relationship of owner. Furnish a copy of the latest prospectus issued
				by the public utility, any superimposed holding company or subsidiary
				companies.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2817 - PREFERRED STOCK CAPITAL

Current through Register Vol. 13, July 5, 2024
(1) Statement H
				shall also show the weighted average cost of preferred stock capital based upon
				the following data for each class and series of preferred stock outstanding
				according to the most recently available balance sheet:
(a) Title;
(b) Date of issuance;
(c) Dividend rate;
(d) Par value of stated amount of
				issue;
(e) Issuance
				expenses;
(f) Net
				proceeds;
(g) Cost of money, that
				is, the dividend rate divided by net proceeds per unit or share;
(h) Amount outstanding;
(i) If issue is owned by an affiliate provide
				the name and relationship of owner.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2818 - COMMON STOCK CAPITAL

Current through Register Vol. 13, July 5, 2024
(1) Statement H
				shall include the following for each sale of common stock during the two year
				period preceding the most recently available balance sheet:
(a) Number of shares sold;
(b) Gross proceeds at offering
				price;
(c) Underwriters' discount
				or commission;
(d) Proceeds to the
				filing utility;
(e) Amount of
				issuance expenses;
(f) Net
				proceeds;
(g) Offering price per
				share;
(h) Net proceeds per
				share;
(i) Whether issue was
				offered to stockholders through subscription rights or to the public.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2819 - STATEMENT H-1 - REACQUISITION OF BONDS OR PREFERRED STOCK

Current through Register Vol. 13, July 5, 2024
(1) If any bonds or preferred stock have been
				reacquired by the utility during the 18 months prior to the date of filing,
				show full details in Schedule H-1, including:
(a) Title or series;
(b) Principal amounts or par value
				reacquired;
(c) Reacquisition
				cost;
(d) Gain or loss on
				reacquisition.