reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.39 - Unauthorized Product or Service Charges on Telephone Bills › Rule 38.5.3910 - TELECOMMUNICATIONS CARRIER OR OTHER ENTITY LIABILITY

Current through Register Vol. 13, July 5, 2024
(1) An entity that initiates a placement of a
				charge for a product or service on a customer's telephone bill in violation of
				these rules, or that cannot provide documentation that the billing for the
				product or service was initiated in compliance with these rules, is liable to
				the customer for all customer-paid charges and fees related to the product or
				service being billed on the customer's telephone bill by a telecommunications
				carrier, other entity, or agent of either, during the period of the
				unauthorized billing, not to exceed six continuous months of unauthorized
				billing.
(2) Penalties for
				violation are as provided in
				69-3-1305,
				MCA.
69-3-1304,
					 MCA; IMP,
					 69-3-1301 and
					 69-3-1303,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.39 - Unauthorized Product or Service Charges on Telephone Bills › Rule 38.5.3913 - CREDIT OR REFUND OF CHARGES

Current through Register Vol. 13, July 5, 2024
(1) A
				telecommunications carrier or other entity which initiates a placement of a
				charge for a product or service on the customer's telephone bill without
				authorization from the customer in accordance with these rules shall issue to
				the customer a full credit or a refund of the entire amount of such customer's
				charges for the product or service attributable to the telecommunications
				carrier or other entity. The required credit and refund are limited to six
				continuous months of unauthorized charges. The appropriate credit or refund
				must be issued within a period not to exceed 60 days from the date of the
				initial complaint.
(2) If the
				customer has not paid the charges placed on the customer's telephone bill
				without authorization in accordance with these rules, the telecommunications
				carrier or other entity which initiated the unauthorized charge will make
				appropriate arrangements to adjust the telephone bill to remove the
				unauthorized charges and any interest or penalty that is attributable to the
				unauthorized charges. Adjustment to the bill must be within 60 days from the
				date of the initial complaint.
69-3-1304,
					 MCA; IMP,
					 69-3-1301 and
					 69-3-1303,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4001 - SCOPE AND PURPOSE OF RULES

Current through Register Vol. 13, July 5, 2024
(1) This
				subchapter governs all hearings and other proceedings before the Montana public
				service commission which relate to agreements between carriers seeking to
				provide competitive local exchange services in Montana. This subchapter shall
				be construed to secure the just, speedy and inexpensive determination of every
				action. All rules promulgated by the commission with regard to other
				adjudicative proceedings are superseded by this subchapter in proceedings
				governed by them to the extent they conflict with this subchapter.
(a) All references made in state or federal
				statutes and regulations to state commission proceedings for dispute resolution
				and approval of negotiated or arbitrated agreements for interconnection,
				services or network elements shall be governed by this subchapter.
(b) All matters before the Montana public
				service commission relating to negotiated or arbitrated agreements for
				interconnection, services or network elements shall be governed by this
				subchapter.
(c) Proceedings
				referred to in the Federal Telecommunications Act of 1996 (1996 Act) will be
				governed by this subchapter. The commission may waive, suspend or modify these
				rules for good cause to expedite a decision, prevent manifest prejudice to a
				party, assure a fair hearing, afford substantial justice, or fulfill its
				obligations under the 1996 Act.
(d)
				All controversies arising under provisions of state and federal law pursuant to
				negotiated or arbitrated agreements for interconnection, services or network
				elements involving the interpretation and application of such agreements shall
				be governed by this subchapter, except that parties to an agreement for
				interconnection, services or network elements may include methods allowed by
				applicable federal or state law for resolving disputes over the interpretation
				and application of terms and conditions in their agreement.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4006 - NEGOTIATION

Current through Register Vol. 13, July 5, 2024
(1) The commission encourages the voluntary
				negotiation of agreements for interconnection, services or network elements. In
				order to facilitate the streamlined processes mandated by the 1996 Act,
				negotiating parties should resolve as many terms and conditions in their
				agreements as possible prior to making a request for the commission to mediate
				or arbitrate unresolved terms. Parties should continue negotiating unresolved
				terms after petitioning the commission to arbitrate open issues and shall
				notify the arbitrator expeditiously when any open issue is resolved
				voluntarily.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4009 - MEDIATION

Current through Register Vol. 13, July 5, 2024
(1) Any party negotiating an agreement under
				section 252 of the 1996 Act may, at any point in the negotiation, ask the
				commission to participate in the negotiation and to mediate any differences
				arising in the course of the negotiation. Parties need not seek mediation by
				the commission and are free to employ the services of a private
				mediator.
(2) If a party requests
				mediation by the commission, the commission will consider the type of mediation
				requested by the parties and will use one of the following processes:
(a) The commission may appoint a staff member
				to mediate. Employees acting as mediators will not participate in the
				arbitration or approval process for the same agreement, unless the parties
				consent.
(b) The commission may
				appoint a commissioner to mediate. A commissioner acting as a mediator will not
				participate in the arbitration or approval process for the same agreement,
				unless the parties consent.
(c) The
				commission may use a co-mediation process involving both a commissioner or a
				commission staff member and a neutral professional mediator from outside the
				agency. If co-mediation is chosen, the negotiating parties shall jointly retain
				the services of a professional mediator acceptable to all parties and shall
				share the costs of the mediator equally. The parties shall secure the mediation
				services and identify the professional mediator to the commission not later
				than five business days after the request for mediation, unless more time is
				allowed by the commission. The commission will appoint a commissioner or a
				staff member to serve as a co-mediator. The parties may recommend the area of
				expertise required by a commission staff mediator, who may provide technical or
				other related information and advice to the professional mediator as needed
				throughout the mediation process.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4012 - PETITION FOR ARBITRATION OF OPEN ISSUES

Current through Register Vol. 13, July 5, 2024
(1)
				Any party to the negotiation of an interconnection agreement may, during the
				period from the 135th to the 160th day (inclusive) after the date on which a
				LEC receives a request for negotiation, petition the commission to arbitrate
				any open issues.
(2) To petition
				the commission for arbitration, a party to the negotiation shall file 10 copies
				of the request with the commission. On the same day it files its petition for
				arbitration with the commission, the petitioner shall serve a copy of the
				petition and all supporting documentation on any other party to the negotiation
				and the Montana consumer counsel. A docket number will be assigned and
				appropriate notice will be provided. The petition shall include the following
				information:
(a) the name, address, telephone
				number, fax number, and e-mail address of the party to the negotiation making
				the request;
(b) the name, address,
				telephone number, fax number, and e-mail address (if known) of the other party
				to the negotiation;
(c) the name,
				address, telephone number, fax number, and e-mail address (if known) of the
				parties' representatives who are participating in the negotiation and to whom
				inquiries should be made;
(d) the
				general negotiation history;
(e)
				all relevant nonproprietary documentation and arguments concerning unresolved
				issues and the position of each party on the unresolved issues;
(f) all relevant nonproprietary documentation
				on any other issue discussed and resolved by the parties; and
(g) a statement identifying information
				needed to resolve open issues or information which has been requested during
				negotiations but not yet provided.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4013 - OPPORTUNITY TO RESPOND TO PETITION

Current through Register Vol. 13, July 5, 2024
(1) A
				nonpetitioning party to a petition for arbitration shall file a response to the
				other party's petition and provide additional information within 25 days after
				the petition to arbitrate is filed. The response should identify information
				needed to resolve open issues, including information identified in the other
				party's petition for arbitration as information which has been requested during
				negotiations but not yet provided and must address each issue presented in the
				petition for arbitration. The response shall also present any additional issues
				for which the respondent seeks resolution and provide additional information
				and evidence necessary for the arbitrator's review. On the same day that it
				files its response with the commission, the respondent shall serve a copy of
				the response, and all supporting documentation, on any other party to the
				negotiation and the Montana consumer counsel.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4016 - COMMISSION RESPONSIBILITY

Current through Register Vol. 13, July 5, 2024
(1) Upon
				receipt of a timely and complete petition for arbitration, the commission shall
				appoint an arbitrator pursuant to ARM
				38.5.4017. It is the function of
				the commission to approve a resolution of the issues in dispute if the parties
				cannot reach a voluntary agreement. The commission may not approve an
				arbitrator's resolution of issues that have not been identified by the parties
				as open issues.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4017 - APPOINTMENT OF ARBITRATOR

Current through Register Vol. 13, July 5, 2024
(1) Arbitrations
				will be conducted by arbitrators appointed by the commission. The commission
				may appoint a single commissioner, a commission staff member, an internal
				arbitration panel which may be comprised of the commission or an independent
				arbitrator. The commission will not appoint an independent arbitrator unless it
				has insufficient resources with which to arbitrate the matter. The commission
				may permit parties to comment on the selection of the arbitrator prior to the
				appointment.
(2) The commission
				will appoint an arbitrator within 10 days of receiving a petition for
				arbitration.
(3) The arbitrator, if
				the commission does not act as such, shall be considered a hearings examiner
				under the Montana Administrative Procedure Act.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4018 - AUTHORITY OF ARBITRATOR

Current through Register Vol. 13, July 5, 2024
(1) The arbitrator
				will exercise all authority reasonable and necessary for the conduct of the
				arbitration subject to the provisions of this subchapter, the commission's
				procedural order on arbitration, and other provisions of law. If the commission
				is not the arbitrator, the arbitrator appointed by the commission shall have
				all the powers and duties of hearings examiners as set forth in the Montana
				Administrative Procedure Act.
(2)
				If the commission acts as the arbitrator, it may appoint a staff member to act
				as a hearings officer for procedural matters. The hearings officer may conduct
				scheduling and procedural conferences and decide procedural issues as necessary
				and reasonable to promote the speedy resolution of arbitration proceedings as
				mandated by the 1996 Act.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4019 - PREHEARING CONFERENCES

Current through Register Vol. 13, July 5, 2024
(1) Within 10 days
				after the respondent files its response to the petition for arbitration, the
				arbitrator or hearings officer will hold a conference to discuss a procedural
				schedule for the proceeding that conforms to the deadlines set forth in section
				252 of the 1996 Act. The parties and the arbitrator will also attempt to
				identify, simplify and limit the issues to be resolved and discuss the scope
				and timing of discovery. The arbitrator or hearings officer may schedule other
				prehearing conferences as reasonable and necessary to ensure a timely
				resolution of open issues as required by the 1996 Act.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4020 - OTHER RESPONSIBILITIES OF THE ARBITRATOR

Current through Register Vol. 13, July 5, 2024
(1) The arbitrator must limit the arbitration
				process to the resolution of issues raised by the negotiating parties in the
				petition and response. The arbitrator, in resolving these issues must ensure
				that their resolution meets the requirements of the 1996 Act.
(2) The arbitrator shall resolve each issue
				raised by the parties by imposing appropriate conditions as required to
				implement section 252(b) (4) (C) of the 1996 Act upon the parties to the
				agreement, and shall conclude the resolution of any unresolved issues not later
				than nine months after the date on which the LEC received the request to
				negotiate. If any party refuses or fails unreasonably to respond on a timely
				basis to any reasonable request from the arbitrator, the arbitrator may proceed
				on the basis of the best information available to the arbitrator from whatever
				source derived.
(3) In resolving
				open issues by arbitration and imposing conditions upon the parties to the
				agreement, the arbitrator shall:
(a) ensure
				that such resolution and conditions meet the requirements of section 251 of the
				1996 Act;
(b) establish any rates
				for interconnection, services or network elements according to the pricing
				standards in section 252(d) of the 1996 Act as enacted on February 8, 1996;
				and
(c) provide a schedule for
				implementation of the terms and conditions by the parties to the
				agreement.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4030 - INTERVENTION AND PARTICIPATION BY INTERESTED PARTIES

Current through Register Vol. 13, July 5, 2024
(1) The addition of other parties to an
				arbitration would jeopardize the commission's ability to complete the
				arbitration within the limited time frame imposed by the 1996 Act and ARM
				38.5.4020 by lengthening the
				proceeding and detracting from the arbitrator's ability to move forward
				expeditiously on the merits of the petition for arbitration. Intervention shall
				be limited to the Montana consumer counsel, the sole statutory intervenor, who
				shall have the rights and duties as directed under Montana law. The Montana
				consumer counsel, if he requests intervention, shall intervene as early as
				practicable and no later than 25 days after the petitioner files a request for
				arbitration.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4033 - PROPRIETARY INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Trade secret
				and proprietary information will be treated as provided for in the commission's
				rules of practice and procedure. The arbitrator or hearings officer may, at any
				time during the proceeding, enter a protective order to govern the treatment of
				information of a trade secret nature. Parties should request a protective order
				at the earliest possible time and may file a motion for protective order with
				the petition or response.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4036 - CONSOLIDATION OF ARBITRATTON PROCEEDINGS

Current through Register Vol. 13, July 5, 2024
(1)
				The commission may, to the extent practical, consolidate multiple proceedings
				for rural telephone company exemptions, eligible telecommunications carrier
				designations, arbitrations, and removal of barriers to entry in order to reduce
				administrative burdens on telecommunications carriers, other parties and the
				commission in carrying out its responsibilities under the 1996 Act. The
				commission may consolidate multiple arbitration proceedings with consent of all
				the parties.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4039 - ARBITRATION HEARING

Current through Register Vol. 13, July 5, 2024
(1) The arbitrator
				may require the parties to substitute closing arguments in lieu of post-hearing
				briefing. If briefs are submitted, the arbitrator may require filing of briefs
				as reasonable and necessary to allow for sufficient time to issue the
				recommended arbitration decision.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4042 - MOTIONS

Current through Register Vol. 13, July 5, 2024
(1) The filing of motions will not relieve a
				party of any requirements during the arbitration proceeding and must not delay
				the proceeding. The arbitrator will act promptly to consider all motions so as
				not to prejudice any party to the proceeding.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4048 - ARBITRATOR'S DECISION

Current through Register Vol. 13, July 5, 2024
(1) Unless the
				commission is the arbitrator the arbitrator shall issue a recommended decision
				on all the issues submitted for arbitration no later than 30 days before the
				date established for the commission's final decision on arbitration.
(2) The arbitrator's recommended decision
				shall set forth the recommended resolution of each issue submitted for
				arbitration and provide a recommended schedule for implementation by the
				parties. The decision shall provide a written rationale for each recommended
				resolution, including any necessary findings and relevant citations to law or
				the record.
(3) Parties may file
				exceptions to the recommended decision and request oral argument with the
				commission no later than 10 days after the arbitrator issues the recommended
				decision.
(4) The issues presented
				shall be resolved to ensure compliance with the requirements of sections 251
				and 252 (d) of the 1996 Act, applicable FCC regulations, relevant state law and
				applicable rules or orders of the commission.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4051 - OTHER DUTIES OF INCUMBENT LOCAL EXCHANGE CARRIERS

Current through Register Vol. 13, July 5, 2024
(1) Within 10 days after receiving a petition
				for arbitration, the incumbent LEC shall provide notification of the filing in
				writing to all other telecommunications carriers requesting interconnection,
				services or network elements from it and with whom it has not negotiated a
				binding agreement.
(2) Upon filing
				a petition for approval of a negotiated or arbitrated agreement, the incumbent
				LEC shall provide notification of the filing in writing to all other
				telecommunications carriers requesting interconnection, services or network
				elements from it pursuant to section 252 of the 1996 Act.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4054 - APPROVAL OF NEGOTIATED AND ARBITRATED AGREEMENTS; PREEXISTING AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) An interconnection agreement shall be
				submitted to the commission for approval under section 252 (e) of the 1996 Act
				after the issuance of the final arbitration order by the commission. The time
				for submitting the agreement shall be determined by the arbitrator on a
				case-by-case basis. The nine month time line for arbitration under section
				252(b) (4) (C) and ARM
				38.5.4020 is not applicable to the
				approval process.
(2) Petitions for
				approval of agreements and all relevant accompanying documents shall be filed
				with the commission in the manner provided for in ARM
				38.5.4012. Along with the petition
				for approval of an arbitrated agreement, the parties shall file a proposed
				notice of the application and opportunity to comment for the commission to
				serve on its general telecommunications mailing list. Any party to the
				agreement may submit a petition for approval. Unless filed jointly by all
				parties, the petition for approval and any accompanying materials should be
				served on the other signatories by delivery on the day of filing. Any filing
				not containing the required materials will be rejected and must be refiled when
				complete. The statutory time lines shall be deemed not to begin until the
				petition for approval has been properly filed.
(3) Documents which must accompany the
				petition to constitute proper filing include the following:
(a) In the case of negotiated agreements:
(i) a complete copy of the signed agreement,
				including any attachments or appendices;
(ii) a brief or memorandum summarizing the
				main provisions of the agreement, setting forth the party's position on whether
				the agreement should be adopted or modified, including a statement on why the
				agreement does not discriminate against nonparty carriers, is consistent with
				the public interest, convenience, and necessity, and is consistent with
				applicable state law requirements; and
(iii) a proposed order containing findings
				and conclusions.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4055 - APPROVED AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) The commission
				retains continuing jurisdiction and will maintain regulatory oversight of the
				approved interconnection agreements to the extent permitted by law.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4065 - UNBUNDLING OF LOCAL EXCHANGE NETWORK ELEMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each incumbent LEC and interconnecting
				facilities based new exchange carrier shall unbundle its local network
				elements. Network elements shall be unbundled at technically feasible points
				upon the bona fide request of a LEC. The requirement to fulfill all bona fide
				requests for the purchase of unbundled network elements by other LECs applies
				equally to incumbent LECs and new exchange carriers.
(2) At a minimum LECs shall unbundle the
				local loop, network interface device, switching, transport, databases and
				signaling systems. Unbundling of networks shall include access to necessary
				customer databases, such as, but not limited to, 9-1-1 databases, billing name
				and address, directory assistance, local exchange routing guide, line
				information database and 800 databases. Unbundling shall also include operator
				services, directory assistance, and signaling system functionalities. If a LEC
				receives a bona fide request for the purchase of a network element, the LEC
				receiving the request for unbundling shall have the burden of proving that the
				provision of the network element is not technically feasible.
(3) The commission may decline to unbundle a
				network element if it determines the network element is proprietary and the
				proposed telecommunication service can be provided through the use of other,
				nonproprietary unbundled network elements.
(4) Unbundled network element rates, terms
				and conditions should be established through negotiation between LECs upon
				receipt of a bona fide request for interconnection or through arbitration. A
				LEC may, however, provide unbundled network element rates, terms and conditions
				through tariffs or other arrangements approved by the commission. The
				commission, at its discretion, may order the filing of tariffs establishing
				unbundled network element rates, terms and conditions.
(5) Once an unbundled network element has
				been made available to an interconnecting carrier, on a contractual basis, the
				providing carrier shall make that unbundled network element available for
				purchase for all similar requests to the extent that technical compatibility
				exists between the LEC and the interconnecting carrier.
(6) Unbundled network elements shall be
				priced at cost based rates pursuant to the pricing standards in section 252 (d)
				of the 1996 Act as enacted on February 8, 1996.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4068 - EXEMPTIONS, SUSPENSIONS AND MODIFICATIONS FROM INTERCONNECTION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The incumbent LEC interconnection
				requirements in section 251(c) of the 1996 Act shall not apply to a rural LEC
				until:
(a) the rural LEC has received a bona
				fide request for interconnection, services or network elements; and
(b) the commission terminates the exemption
				according to (2).
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4071 - TELEPHONE NUMBER PORTABILITY

Current through Register Vol. 13, July 5, 2024
(1) All
				facilities-based LECs shall provide number portability so that end users may
				retain the same telephone number as they change from one service provider to
				another as long as they remain at the same location or if moving, retain the
				same NXX code.
(2) A
				facilities-based LEC not offering permanent number portability shall provide
				interim number portability. Interim number portability shall be provided using
				remote call forwarding, direct inward dialing or any other comparable and
				technically feasible method. Prices for interim number portability using remote
				call forwarding or direct inward dialing shall be set at a level that
				recognizes the relative inferior quality of the service.
(3) Pursuant to FCC regulations, beginning
				January 1, 1999, all facilities-based LECs that control the provision of
				numbers shall provide permanent number portability within six months after
				receiving a specific request by another telecommunications carrier.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4074 - MINIMUM SERVICE STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) All regulated
				LECs shall comply with this commission's Telecommunication Service Standards,
				ARM 38.5.3301 through
				38.5.3371, as these currently
				exist and as may be modified by this commission.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.40 - Interconnection › Rule 38.5.4085 - SEVERABILITY

Current through Register Vol. 13, July 5, 2024
(1) If any rule in this subchapter is held
				invalid or any part of any rule in this subchapter is held invalid, the
				remainder or its application to other situations or person(s), shall not be
				affected.
Sec.
					 69-3-103,
					 MCA; IMP, Secs.
					 69-3-102
					 and
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.41 - IntraLATA Equal Access Implementation › Rule 38.5.4101 - SCOPE AND PURPOSE OF RULES

Current through Register Vol. 13, July 5, 2024
(1) This
				subchapter governs the implementation of intraLATA dialing parity in Montana.
				This subchapter shall be construed to secure the just, speedy and inexpensive
				determination of every action. All matters before the Montana public service
				commission relating to dialing parity implementation on or after the date of
				adoption of these rules shall be governed by this subchapter.
(2) The purpose of this subchapter is to
				provide guidelines and procedures for the commission to carry out its duties
				pursuant to the Federal Telecommunications Act of 1996,
				Pub. L. No.
				104-104, 110 Stat. 56 (1996). The 1996 Act imposes
				on all local exchange carriers the duty to provide dialing parity to competing
				providers of telephone toll service.
				47 USC 251 (b)
				(3). The commission imposes this subchapter for competition within intraLATA
				areas in order to encourage competitive entry, protect the public safety and
				welfare, ensure the continued quality of telecommunications services, and
				safeguard the rights of consumers while ensuring that the rates charged and
				services rendered by telecommunications services providers are just and
				reasonable.
69-3-103,
					 69-3-822,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 69-3-834,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.41 - IntraLATA Equal Access Implementation › Rule 38.5.4102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Bona fide request," for purposes of this
				subchapter, is a written request submitted by a telecommunications carrier,
				other than the primary intraLATA toll carrier, to a local exchange carrier
				(LEC) for intraLATA equal access presubscription service in an exchange or
				exchanges.
(2) "IntraLATA equal
				access" or "intraLATA dialing parity" means that all toll carriers are able to
				provide telecommunications services in such a manner that customers have the
				ability to route intraLATA calls automatically without the use of any access
				code, to the telecommunications services provider of the customer's designation
				from among two or more telecommunications services providers, including the
				incumbent local exchange carrier. From a customer perspective, this means that
				the local exchange carrier shall provide all telecommunications carriers
				operating in an intraLATA equal access presubscription office with dialing
				arrangements and other service characteristics that are equivalent in type and
				quality to that provided to the primary toll carrier in its provision of toll
				service.
(3) "Letter of agency" or
				"letter of authorization" means an authorization which meets the requirements
				of ARM 38.5.3802 and
				69-3-1303,
				MCA.
(4) "Local exchange carrier"
				means any carrier that is engaged in the provision of telephone exchange
				service or exchange access, but does not include carriers that provide
				commercial mobile radio service under
				47 USC 332 (c)
				unless the Federal Communications Commission (FCC) makes a specific finding
				that such service should be included in the definition of local exchange
				carrier.
(5) "Presubscription" is
				customer preselection of the carrier to handle 1+/0+ toll calls without having
				to dial an access code (i.e. 10XXX or 101XXXX).
(6) "Primary toll carrier" means the current
				provider of intraLATA long distance service. In certain instances, the primary
				toll carrier is the current local exchange carrier.
(7) "Primary (or presubscribed) interexchange
				carrier" or "PIC" means the telecommunications carrier with whom a customer may
				presubscribe to provide 1+/0+ toll service without the use of access codes,
				following equal access presubscription implementation.
(8) "Registered local exchange carrier" means
				a carrier that has registered with the commission to provide local exchange
				service within Montana using its own facilities or those of another carrier or
				entity.
(9) "2-PIC" is the equal
				access presubscription option that affords customers the opportunity to select
				one telecommunications carrier for all interLATA 1+/0+ toll calls, and at the
				customers' options, to select another telecommunications carrier for all
				intraLATA 1+/0+ toll calls.
69-3-103,
					 69-3-822,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 69-3-834,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.41 - IntraLATA Equal Access Implementation › Rule 38.5.4104 - CUSTOMER EDUCATION AND PRESUBSCRIPTION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) In exchanges with existing interLATA
				dialing parity, the local exchange carrier shall provide written information to
				customers, at least 30 days prior to its scheduled implementation, describing
				intraLATA dialing parity and explaining presubscription procedures. Written
				information provided to customers pursuant to this rule shall advise customers
				with existing interLATA toll freezes on their account that their freeze will
				also apply to their existing intraLATA toll carrier until they take action to
				change it. Any customer commencing service after that mailing, but before
				implementation of equal access presubscription, shall also receive a copy of
				the written information from the local exchange carrier providing
				service.
(2) In exchanges without
				interLATA equal access presubscription, the local exchange carrier shall
				furnish customers with information at least 60 days prior to implementation of
				dialing parity. The information must provide clear directions and forms to
				allow customers to presubscribe to their selected primary intraLATA
				carrier.
(3) Customers who commence
				service after the initial intraLATA equal access presubscription implementation
				is completed in their end office shall be informed of their carrier selection
				options at the time that service is requested and may select both their primary
				interLATA and intraLATA carriers or be assigned no PIC status and be required
				to use access codes to place toll calls until a PIC(s) is selected.
(4) Informational materials, forms and
				scripts developed for use in compliance with this rule shall be complete,
				clear, and unbiased. US West Communications, Inc. shall file these materials,
				forms, and scripts with the commission as part of its implementation plan
				pursuant to ARM
				38.5.4120. For implementation of
				presubscription in all other exchanges, the local exchange carriers or primary
				toll carriers shall file these materials, forms, and scripts with the
				commission not more than 60 days after the receipt of a bona fide request,
				denial of waiver, or the expiration of the waiver, for intraLATA equal access
				presubscription so that they can be reviewed by the commission prior to
				commission approval or modification. The carrier shall promptly make any
				changes required by the commission before using the materials, forms or
				scripts.
69-3-103,
					 69-3-822,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 69-3-834,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.41 - IntraLATA Equal Access Implementation › Rule 38.5.4105 - NOTICE AND IMPLEMENTATION

Current through Register Vol. 13, July 5, 2024
(1) Not more
				than 15 days after receipt of a bona fide request for implementation of
				intraLATA dialing parity, unless an implementation waiver is requested
				consistent with ARM
				38.5.4103(2) (c),
				the local exchange carrier or primary toll carrier shall provide notice of such
				request to the commission. The notice shall include information concerning the
				scheduled implementation dates as well as the ordering procedures, terms and
				conditions for an interexchange carrier to participate. If the local exchange
				carrier intends to seek a waiver, the notice shall include a brief description
				of the rationale for such. A copy of the notice shall be served on the person
				requesting dialing parity and on the Montana Consumer Counsel. The commission
				will provide notice using its general procedures.
(2) Not more than 45 days after receipt of a
				bona fide request for implementation of intraLATA equal access, if no waiver
				has been sought, or, not more than 45 days after filing its dialing parity
				implementation plan in the case of US West Communications, Inc., the local
				exchange carrier or primary toll carrier shall make available to all registered
				carriers that intend to offer intraLATA equal access presubscription a complete
				list, upon request, which may be provided electronically, of the primary toll
				carrier's customers by name, telephone number and address. The primary toll
				carrier shall also update the list upon request. Any charges for such lists
				shall be cost-based and nondiscriminatory. The registered carrier shall use
				such lists only for purposes of presubscription solicitation exclusively to its
				own end user subscribers of record and no longer than 180 days after
				implementation of dialing parity.
69-3-103,
					 69-3-822,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 69-3-834,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.41 - IntraLATA Equal Access Implementation › Rule 38.5.4110 - BALLOTING

Current through Register Vol. 13, July 5, 2024
(1) In exchanges with existing interLATA
				dialing parity, balloting will not be used to determine each customer's primary
				intraLATA carrier.
(2) In exchanges
				where interLATA dialing parity is not in place prior to receipt of a bona fide
				request for intraLATA equal access presubscription, balloting for both
				interLATA and intraLATA equal access presubscription shall be conducted
				concurrently. The balloting shall be carried out in accordance with the
				requirements for interLATA equal access presubscription established by the
				Federal Communications Commission in CC Docket 83-1145, Phase I.
(3) Interexchange carriers intending to be
				included in all informational materials of ballots furnished to customers in
				advance of initial implementation of intraLATA and interLATA equal access
				presubscription to be implemented concurrently in any exchange shall advise the
				local exchange carrier or primary toll carrier in writing at least 90 days
				prior to the scheduled implementation date. The local exchange carrier or
				primary toll carrier shall then include the interexchange carrier in all
				materials and forms listing providers.
69-3-103,
					 69-3-822,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 69-3-834,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.41 - IntraLATA Equal Access Implementation › Rule 38.5.4111 - CHARGES

Current through Register Vol. 13, July 5, 2024
(1) No charge shall be imposed for a
				customer's initial selection of a primary intraLATA carrier. Each local
				exchange carrier shall allow customers to change their selection of a primary
				intraLATA carrier one time only at no charge within 90 days following
				implementation of intraLATA dialing parity in an exchange. Any charges for
				subsequent changes shall be the same as those imposed for changing interLATA
				carriers.
(2) In cases in which
				customers change both their intraLATA PIC and their interLATA PIC at the same
				time to either the same carrier or to separate carriers, only one of the
				following PIC change charges shall apply:
(a)
				the associated intraLATA PIC change charge;
(b) the associated interLATA PIC change
				charge; or
(c) the total of
				one-half of the associated intraLATA PIC change charge plus one-half of the
				associated interLATA PIC change charge.
(i)
				Each one-half charge may be shown separately on the customer bill.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.41 - IntraLATA Equal Access Implementation › Rule 38.5.4112 - SCOPE OF INTRALATA EQUAL ACCESS PRESUBSCRIPTION

Current through Register Vol. 13, July 5, 2024
(1) 0-, N11 type calls (e.g. 411, 611 and
				911), and 976 calling will continue to be processed by the local exchange
				carrier following the implementation of intraLATA equal access presubscription
				in any exchange. IntraLATA 0+ and 1+ calls will be routed to the customer's
				primary intraLATA carrier. Calls using dialing protocols such as 500, 700, 800
				or 900 to route them to the appropriate carrier are not subject to intraLATA
				presubscription.
(2) Customers'
				intraLATA calling shall continue to be provided by their current primary
				intraLATA carrier until the customer selects a different primary intraLATA
				carrier.
(3) The application of
				intraLATA equal access presubscription shall extend to semi-public and public
				payphones within the converting exchanges and the payphone location provider
				shall be responsible for the selection of the intraLATA PIC(s) for
				payphones.
69-3-103,
					 69-3-822,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 69-3-834,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.41 - IntraLATA Equal Access Implementation › Rule 38.5.4115 - EQUAL ACCESS PRESUBSCRIPTION COST RECOVERY

Current through Register Vol. 13, July 5, 2024
(1)
				Each local exchange carrier may recover through its switched access rates the
				additional costs it incurs to provide intraLATA equal access presubscription.
				Such charge shall be calculated on an annual basis by dividing the intraLATA
				equal access presubscription costs incurred by the local exchange carrier by
				the projected annual total of all switched intraLATA originating minutes of use
				(including the local exchange carrier's) to arrive at a per minute of use rate.
				The per minute of use rate can be recovered on switched intraLATA minutes
				carried by interexchange carriers through the local exchange carrier's switched
				access rates. Local exchange carriers must impute the equal access
				implementation costs attributable to its own intraLATA minutes of use in its
				end user rates. Costs recoverable by the local exchange carrier for the
				implementation of intraLATA equal access presubscription include initial
				incremental expenditures for hardware and software related to the provision of
				equal access presubscription that would not be required to upgrade the
				switching capabilities of the office absent the provision of equal access
				presubscription. Those costs also may include administrative costs incurred in
				the approved customer education and presubscription efforts, training costs
				related to intraLATA dialing parity, modifications to information billing
				systems to accomplish intraLATA dialing parity, and the cost of capital for the
				duration of the recovery period.
(2) The costs of intraLATA equal access
				presubscription implementation shall be recovered over a three-year period, or
				at the option of the local exchange carrier and approval of the commission,
				some costs may be recovered over the three-year period and some costs may be
				expensed in the current year if they can be reasonably expected to occur only
				in the first year.
(3) The costs of
				intraLATA equal access presubscription implementation shall be recovered from
				all providers of intraLATA toll service in the exchange(s) through a charge and
				imputation of such charge applicable to all switched intraLATA minutes of use
				originating in the exchange(s) which are subject to intraLATA
				presubscription.
(4) The cost
				recovery process shall use periodic true-ups, based upon actual local exchange
				carrier incurred presubscription implementation costs and actual traffic
				volumes subject to the presubscription surcharge, to ensure against either
				overcollection or undercollection of recoverable costs.
69-3-103,
					 69-3-822,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 69-3-834,
					 MCA;