reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.33 - Telecommunications Service Standards › Rule 38.5.3351 - EMERGENCY OPERATION

Current through Register Vol. 13, July 5, 2024
(1) Carriers shall
				make reasonable provisions to meet emergencies resulting from failures of
				lighting or power service, unusual and prolonged increases in traffic, illness
				of personnel, or from fire, storm, or other acts of God and inform its
				employees as to procedures to be followed in the event of emergency in order to
				prevent or minimize interruption or impairment of telecommunications
				service.
(2) Each central office
				and interexchange toll switching office or access tandem shall contain as a
				minimum four hours of battery reserve.
(3) In central offices exceeding 5,000 lines
				and in all interexchange toll switching offices or access tandems, a permanent
				auxiliary power unit shall be installed. In central offices without permanently
				installed emergency power facilities, there shall be a mobile power unit
				available which can be delivered and connected on short notice.
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.33 - Telecommunications Service Standards › Rule 38.5.3352 - CONSTRUCTION WORK NEAR EXCHANGE CARRIER FACILITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.33 - Telecommunications Service Standards › Rule 38.5.3353 - NETWORK INTERFACE

Current through Register Vol. 13, July 5, 2024
(1) Each
				facilities-based local exchange carrier shall establish a point of demarcation
				between the carrier facilities and a customer's premises wiring and equipment.
				It shall be the responsibility of the utility to install and maintain a network
				interface device (NID) in accordance with commission guidelines, the local
				exchange carrier's tariff, and with rules established by the Federal
				Communications Commission.
(2) The
				NID shall be located outside the customer's premises unless such location is
				impractical or the customer requests an inside location. If the NID is located
				inside, it should be at a point close to the protector and convenient to the
				customer.
(3) If a customer
				requests that an NID be placed in a location other than that selected by the
				utility, and which conforms to the criteria set forth herein, the company may
				charge the customer for any extra associated work.
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.33 - Telecommunications Service Standards › Rule 38.5.3360 - CUSTOMER TROUBLE REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Each
				carrier shall provide for the receipt of customer trouble reports at all hours
				and make a full and prompt investigation of and response to all complaints. The
				carrier shall maintain an accurate record of trouble reports made by its
				customers for a period of two years. This record shall include appropriate
				identification of the customer or service affected, the time, date, and nature
				of the report, the action taken to clear trouble or satisfy the complaint, and
				the date and time of trouble clearance or other disposition. This record shall
				be available to the commission or its authorized representatives upon request
				at any time within the period prescribed for retention of such records. Trouble
				reports shall be cleared in accordance with service objectives listed in ARM
				38.5.3371(7).
(2) Provision shall be made to clear all out
				of service trouble of an emergency nature at all hours, consistent with the
				bona fide needs of customers and the personal safety of utility personnel. All
				out of service trouble reports shall be cleared and service restored in
				accordance with ARM
				38.5.3371(7) of
				these rules.
(3) If unusual repairs
				are required, or other factors preclude clearing of reported trouble promptly,
				reasonable efforts shall be made to notify affected customers. Commitments to
				customers for repair service shall be met in accordance with ARM
				38.5.3371(7) (c) 
				of these rules.
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.33 - Telecommunications Service Standards › Rule 38.5.3361 - INSPECTIONS AND TESTS

Current through Register Vol. 13, July 5, 2024
(1) Each carrier
				providing services by means of its own facilities shall adopt a program of
				periodic tests, inspections, and preventive maintenance aimed at achieving
				efficient operation of its system and the rendition of safe, adequate, and
				continuous service.
(2) Each
				facilities-based carrier shall maintain or have access to test facilities
				enabling it to determine the operating and transmission capabilities of all
				equipment and facilities, both for routine maintenance and for trouble
				location. The actual transmission performance of the network shall be monitored
				in order to determine if the carrier's established objectives and operating
				requirements are met. This monitoring function shall consist of, but not be
				limited to, circuit order tests prior to placing trunks in service, routine
				periodic trunk maintenance tests, tests of actual switched trunk connections,
				periodic noise tests of a sample of customer loops in each exchange, and
				transmission surveys of the network.
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.33 - Telecommunications Service Standards › Rule 38.5.3362 - SERVICE INTERRUPTIONS

Current through Register Vol. 13, July 5, 2024
(1) In the event
				that a facilities-based local exchange service must be interrupted for over
				four hours for planned work on the facilities or equipment, the work shall be
				done at a time which will cause minimal inconvenience to customers. In the
				event that local exchange service must be so interrupted, the facilities-based
				local exchange carrier shall attempt to notify each affected customer at least
				24 hours in advance of the interruption.
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.33 - Telecommunications Service Standards › Rule 38.5.3370 - GENERAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.34 - Operator Service Providers › Rule 38.5.3401 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) The provisions of this subchapter shall
				apply to all operator service providers which provide intrastate "regulated
				telecommunications services" in Montana as defined in the Montana
				Telecommunications Act,
				69-3-801,
				et seq., MCA. Operator service providers must comply with all provisions of
				these rules on all intrastate telephone calls. Federal laws are applicable to
				interstate calls.
(2) Except as
				context may otherwise demand, terms used in these rules have the following
				meanings:
(a) "Call blocking" means
				prohibiting or restricting a consumer's access to a carrier which offers
				service in the same local exchange area by means of equal access or an access
				code, including but not limited to 1-800, 950-XXXX, and 10-10XXX-0 + dialing
				sequences.
(b) "Call splashing"
				means the transfer of a telephone call from an operator service provider to
				another operator service provider or carrier in such a manner that the
				subsequent provider or carrier is unable or unwilling to determine the location
				of the origination of the call and, because of such inability or unwillingness
				is prevented from billing the call on the basis of such location.
(c) "Inmate operator service provider" means
				a carrier or operator service provider that provides regulated
				telecommunications services for the use of inmates in correctional
				facilities.
(d) "Operator service
				provider" means any person, company, or entity that provides automated or live
				assistance to a customer to arrange for billing or completion, or both, of an
				intrastate telephone call through a method other than:
(i) automatic completion with billing to the
				telephone from which the call originated; or
(ii) completion through an access code used
				by the customer, with billing to an account previously established with a
				telecommunications carrier by the customer.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.34 - Operator Service Providers › Rule 38.5.3403 - ALLOWABLE RATE

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				69-3-1102
				and
				69-3-1105,
				MCA, an operator service provider may not charge more than an allowable rate,
				which is a rate for intrastate calls, inclusive of the call rate, aggregator
				surcharge, and all other calling fees, established by the commission for each
				category and type of service provided by an operator service
				provider.
(2) Except for cost-based
				allowable rates provided in ARM
				38.5.3404 the allowable rate for
				each category and type of service provided by operator service providers will
				be established by the commission annually. The allowable rate for each category
				and type of service will be the average of the intrastate rates charged for
				each category and type of operator service provider service by AT&T, MCI,
				and CenturyLink, plus 50%.
(3) The
				categories and types of service for which allowable rates will be established
				are:
(a) assisted calls including operator
				dialed calling card; collect call; third party billed; person to person;
				operator dialed called number; and customer dialed calling card, non-company;
(b) message telecommunications
				service interLATA calls per minute (if the operator service provider has more
				than one per minute rate, e.g., distance, time of day, and so forth, "per
				minute" will be the average per minute) ; and
(c) message telecommunications service
				intraLATA calls per minute (if the operator service provider has more than one
				per minute rate, e.g., distance, time of day, and so forth, "per minute" will
				be the average per minute) .
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.34 - Operator Service Providers › Rule 38.5.3404 - COST-BASED ALLOWABLE RATE

Current through Register Vol. 13, July 5, 2024
(1) An operator
				service provider, determining an allowable rate established in ARM
				38.5.3403 will not permit adequate
				revenues, may apply to the commission for cost-based allowable rates. Operator
				service provider applications for cost-based allowable rates must be made in
				accordance with commission procedural and substantive rules pertaining to
				telecommunication rate case filings. The cost-based allowable rates established
				in the resulting proceeding will be specific to the applicant operator service
				provider, including if the record demonstrates that the cost-based allowable
				rates should be lower than the allowable rates established in accordance with
				ARM 38.5.3403.
69-3-103,
					 69-3-822 and
					 69-3-1103,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 69-3-1102
					 and
					 69-3-1105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.34 - Operator Service Providers › Rule 38.5.3405 - GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) An operator
				service provider shall:
(a) Identify itself,
				audibly and distinctly, to the customer at the beginning of each telephone call
				and before the customer incurs any charges. Each operator service provider
				shall also identify itself to the called party on collect calls and the billed
				party when verifying third-party billed calls.
(b) Disclose, audibly and distinctly to the
				customer, at no charge and before connecting any intrastate call, how to obtain
				the total cost of the call, including any aggregator surcharge, or the maximum
				possible total cost of the call, including any aggregator surcharge, before
				providing further advice to the customer on how to proceed to make the call.
				The voice disclosure required in this subsection must instruct each customer
				that the customer may obtain applicable rate and surcharge amounts by dialing
				not more than two digits or by remaining on the line.
(c) Upon request, fully and immediately
				disclose to the customer, at no charge, the operator service provider's method
				of collecting its charges, a description of the operator service provider's
				method of resolving customer complaints, a toll-free telephone number that can
				be used to report complaints to or contest charges of the operator service
				provider, and all other requested information pertinent to the customer's use
				of the operator service provider's services. The provisions of this subsection
				apply to the called party on collect calls.
(d) Permit the customer to terminate the
				telephone call at no charge before the call is connected to the called
				party.
(e) Obtain an affirmative
				response from the called party on willingness to accept charges for collect
				calls.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.34 - Operator Service Providers › Rule 38.5.3407 - BILLING DISCLOSURE

Current through Register Vol. 13, July 5, 2024
(1)
				Telecommunications carriers providing billing services for an operator service
				provider must disclose on customer bills:
(a)
				the operator service provider billed amount, clearly distinguished from the
				carrier's billed amount;
(b) the
				name of the operator service provider; and
(c) the toll-free telephone number of the
				operator service provider or the operator service provider's billing agent, if
				the billing agent has authority to resolve disputes and the operator service
				provider and billing agent have established an effective method of resolving
				customer disputes.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.34 - Operator Service Providers › Rule 38.5.3410 - POSTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Each operator
				service provider must post on or near each telephone instrument subscribed to
				its service, in plain view of consumers:
(a)
				the name, address, and toll-free telephone number of the operator service
				provider;
(b) a written disclosure
				that its rates are available upon request;
(c) dialing instructions detailing operator
				service provider dialing procedures as well as instructions for accessing the
				local exchange company operator; and
(d) emergency dialing information.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.34 - Operator Service Providers › Rule 38.5.3412 - CALL BLOCKING PROHIBITED

Current through Register Vol. 13, July 5, 2024
(1) Except as
				otherwise provided in these rules, all agreements or contracts between an
				operator service provider and an owner of a pay telephone instrument or private
				telecommunications system must contain a provision which prohibits call
				blocking as defined in these rules. This requirement applies to all contracts
				or agreements entered into after the effective date of this rule; however, all
				operator service providers must comply with (2) of this rule at all times,
				including during the remaining term of all existing contracts and
				agreements.
(2) Operator service
				providers are prohibited from requiring or providing call blocking at any
				telephone instrument. Operator service providers are prohibited from offering
				service at any telephone instrument where call blocking exists.
(3) This rule does not prohibit the blocking
				of 101xxxx-1+ or 101xxxx-011+ calls.
69-3-103,
					 69-3-822 and
					 69-3-1103,
					 MCA; IMP,
					 69-3-102,
					 69-3-201
					 and
					 69-3-802,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.34 - Operator Service Providers › Rule 38.5.3414 - CALL SPLASHING PROHIBITED

Current through Register Vol. 13, July 5, 2024
(1) Call splashing
				is prohibited, except as provided in subsection (2).
(2) Call splashing is only permitted after:
(a) The consumer requests to be transferred
				to another carrier or provider,
(b)
				The consumer is informed prior to incurring any charges that the rates for the
				call may not reflect the rates from the actual originating location,
				and
(c) The consumer then consents
				to be transferred.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.34 - Operator Service Providers › Rule 38.5.3416 - EMERGENCY CALL ROUTING

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of
				any emergency telephone call, an operator service provider must immediately
				provide emergency call routing service in accordance with ARM
				38.5.3343(5).
Secs.
					 69-3-103
					 and
					 69-3-822,
					 MCA; IMP, Secs.
					 69-3-102,
					 69-3-201
					 and
					 69-3-802,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.34 - Operator Service Providers › Rule 38.5.3420 - DUTY TO INFORM

Current through Register Vol. 13, July 5, 2024
(1) All operator
				service providers must inform the owners of telephone instruments where they
				provide service of the requirements of this subchapter and ARM
				38.5.3341 and
				38.5.3343.
Secs.
					 69-3-103
					 and
					 69-3-822,
					 MCA; IMP, Secs.
					 69-3-102,
					 69-3-201
					 and
					 69-3-802,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.34 - Operator Service Providers › Rule 38.5.3424 - DENIAL OF SERVICE

Current through Register Vol. 13, July 5, 2024
(1) If an operator
				service provider subscriber, such as a pay telephone owner, motel, hotel,
				hospital, university, public transportation facility, or any private
				telecommunications system, operates a telephone instrument which fails to
				comply with any provision of ARM
				38.5.3401 through
				38.5.3416,
				38.5.3341 or
				38.5.3343, the local exchange
				company which provides the subscriber with originating telephone service must
				refuse to provide service, after notice, until the subscriber's telephone
				instruments are in full compliance.
Secs.
					 69-3-103
					 and
					 69-3-822,
					 MCA; IMP, Secs.
					 69-3-102,
					 69-3-201
					 and
					 69-3-802,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.34 - Operator Service Providers › Rule 38.5.3440 - INMATE CALLING PROVIDERS

Current through Register Vol. 13, July 5, 2024
(1) Inmate operator
				service providers are not subject to the prohibition on call blocking at ARM
				38.5.3412.
(2) Inmate operator service providers may not
				block collect calls to a called party number, except on request by the called
				party or following seven days written notification to the called party, or for
				reasons of individual or public safety.
(3) Inmate operator service providers may not
				require a deposit from a called party unless requiring the deposit is in
				compliance with the commission customer deposit rules at ARM
				38.5.1101 through
				38.5.1112.
69-3-103,
					 69-3-822 and
					 69-3-1103,
					 MCA; IMP,
					 69-3-102,
					 69-3-201
					 and
					 69-3-802,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.37 - Interexchange Carrier Regulatory Requirements › Rule 38.5.3701 - APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) The rules in this subchapter govern the
				adjustment of rates and set other regulatory requirements for intrastate
				interexchange carriers subject to the jurisdiction of the Montana public
				service commission.
(2) For
				purposes of this subchapter, "interexchange carriers" include AT&T, MCI,
				Sprint, Touch America, American Sharecom and all other common carriers which
				provide intraLATA or interLATA regulated telecommunications service, but do not
				also provide local exchange service.
(3) Unless otherwise specifically provided by
				commission rule or order, interexchange carriers must comply with all
				regulatory requirements imposed by Montana state statutes and rules, including
				but not limited to the Montana Telecommunications Act §
									69-3-801
				et seq., MCA), the Montana telecommunications service standards (ARM
				38.5.3301 et seq.) and the Montana
				Telecommunications Act Rules (ARM
				38.5.2701 et seq.).
Secs.
					 69-3-103
					 and
					 69-3-822,
					 MCA; IMP, Secs.
					 69-3-102,
					 69 and
					 69-3-801
					 et seq., MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.37 - Interexchange Carrier Regulatory Requirements › Rule 38.5.3705 - TARIFFS AND MAXIMUM ALLOWABLE RATES

Current through Register Vol. 13, July 5, 2024
(1) All
				interexchange carriers must maintain tariffs on file with the commission that
				have been approved by the commission. The tariffs must include "maximum
				allowable rates" and terms, conditions and descriptions of all intrastate
				regulated telecommunications services offered by the interexchange carrier in
				Montana. The "maximum allowable rate" which shall be listed in the tariff for
				each service, is the maximum rate which can be charged pursuant to a price list
				filed pursuant to ARM
				38.5.3707.
(2) Tariffs can only be changed by commission
				order, following the applicable notice and procedural requirements of Title 69,
				MCA, and the Montana Administrative Procedure Act, Title 2, chapter 4,
				MCA.
(3) Tariffs must be filed and
				maintained as "schedules"
in §
										69-3-301,
				  MCA.
Secs.
					 69-3-103
					 and
					 69-3-822,
					 MCA; IMP, Secs.
					 69-3-102,
					 69-3-201,
					 69-3-301
					 and
					 69-3-801
					 et seq., MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.37 - Interexchange Carrier Regulatory Requirements › Rule 38.5.3707 - PRICE LISTS

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the tariffs required in ARM
				38.5.3705, interexchange carriers
				must maintain a separate set of price lists on file with the commission, which
				contain the names of all intrastate regulated telecommunications services
				offered in Montana, a reference to the section or page number where the service
				is located in the tariff, and the actual rate charged consumers.
(2) The rate in the price list can never
				exceed the "maximum allowable rate" contained in the approved tariff for the
				service. The price list rates shall be the only rates lawfully charged
				consumers.
(3) Price lists cannot
				alter the terms and conditions contained in the tariff for the
				service.
(4) Price lists must be
				filed and maintained as "schedules" in Sec.
				69-3-301,
				MCA.
Secs.
					 69-3-103
					 and
					 69-3-822,
					 MCA; IMP, Secs.
					 69-3-102,
					 69-3-201
					 and
					 69-3-801
					 et seq., MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.37 - Interexchange Carrier Regulatory Requirements › Rule 38.5.3709 - PRICING FLEXIBILITY

Current through Register Vol. 13, July 5, 2024
(1) Interexchange
				carriers may revise a price list by filing a proposed new price list with the
				commission which complies with the provisions of this subchapter, and mailing a
				copy to the commission's interexchange carrier mailing list at least seven (7)
				days prior to the proposed effective date of the new price list. The
				interexchange carrier must simultaneously file a certificate of service which
				affirms compliance with this rule.
(2) A proposed new price list becomes
				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 an
				interexchange carrier files a proposed new price list which designates an
				effective date more than seven (7) days after a filing made pursuant to
				subsection (1), the new price list becomes automatically effective for services
				rendered after such designated date.
Secs.
					 69-3-103
					 and
					 69-3-822,
					 MCA; IMP, Secs.
					 69-3-102,
					 69-3-201
					 and
					 69-3-801
					 et seq., MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.37 - Interexchange Carrier Regulatory Requirements › Rule 38.5.3715 - ACCESS CHARGE FLOW-THROUGH

Current through Register Vol. 13, July 5, 2024
(1) All
				interexchange carriers are required to flow-through any changes to local
				exchange company access charges to the maximum allowable rates in their
				tariffs.
(2) Whenever a Montana
				local exchange company's carrier access charges increase or decrease, all
				interexchange carriers must make a filing with the commission, requesting
				approval of a commensurate change in maximum allowable rates for appropriate
				services. All interexchange carriers must make such a filing with the
				commission no later than thirty (30) days after the effective date of the
				change in local exchange company access charges.
(3) The exact nature and appropriate
				distribution of the access charge flow-through is subject to commission review,
				and must be approved by the commission.
Secs.
					 69-3-103
					 and
					 69-3-822,
					 MCA; IMP, Secs.
					 69-3-102,
					 69-3-201
					 and
					 69-3-801
					 et seq., MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.37 - Interexchange Carrier Regulatory Requirements › Rule 38.5.3720 - RATES ABOVE COSTS

Current through Register Vol. 13, July 5, 2024
(1) All
				interexchange carrier rates must be above relevant costs.
Secs.
					 69-3-103
					 and
					 69-3-822,
					 MCA; IMP, Sec.
					 69-3-811,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.37 - Interexchange Carrier Regulatory Requirements › Rule 38.5.3725 - RELAXED FORBEARANCE

Current through Register Vol. 13, July 5, 2024
(1) Interexchange
				carriers may deviate from the rates in their price lists for individual
				customer contracts, pursuant to the relaxed forbearance procedure set forth in
				ARM 38.5.2715 and
				38.5.2716.
Sec.
					 69-3-822,
					 MCA; IMP, Sec.
					 69-3-808,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.37 - Interexchange Carrier Regulatory Requirements › Rule 38.5.3730 - ANNUAL REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Interexchange
				carriers are required to file annual reports with the commission, in a form
				prescribed by the commission, as required by
				69-3-203,
				MCA.
Secs.
					 69-3-103,
					 69-3-821
					 and
					 69-3-822,
					 MCA; IMP, Secs.
					 69-3-102,
					 69-3-201,
					 69-3-203
					 and
					 69-3-801
					 et seq., MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.37 - Interexchange Carrier Regulatory Requirements › Rule 38.5.3732 - MARKET DATA FILING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Interexchange carriers are required to file market data information in the form
				and manner as may be prescribed by commission action.
Secs.
					 69-3-103,
					 69-3-106,
					 69-3-202,
					 69-3-203,
					 69-3-206,
					 69-3-208,
					 69-3-821
					 and
					 69-3-822,
					 MCA; IMP, Secs.
					 69-3-102,
					 69-3-201,
					 69-3-203
					 and
					 69-3-801
					 et seq., MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.38 - Unauthorized Change of Provider › Rule 38.5.3801 - CHANGE IN TELECOMMUNICATIONS PROVIDER

Current through Register Vol. 13, July 5, 2024
(1)
				A telecommunications carrier may not initiate or effect a change in a
				customer's primary interexchange carriers or local exchange company except:
(a) When the carrier initiating the change
				has obtained the customer's written or electronic signature authorization in a
				form that meets the letter of agency form and content requirements (as
				referenced below) ; or
(b) When the
				carrier initiating the change has obtained a customer's electronic
				authorization placed from the telephone number(s) on which the carrier is to be
				changed, to submit the order that confirms the information described in the
				letter of agency form and content (as referenced below). Carriers electing to
				confirm customer authorizations electronically shall establish one or more
				toll-free telephone numbers exclusively for that purpose. Calls to the
				number(s) will connect a customer to a voice response unit, or similar
				mechanism, that records the required information regarding the carrier change,
				including automatically recording the originating ANI (automatic number
				identification) ; or
(c) When a
				qualified and independent third party operating in a location physically
				separate from the carrier's telemarketing representative has obtained a
				customer's verbal authorization to submit the carrier change, providing the
				third party verification includes:
(i) A
				statement that the purpose of the call is to verify the customer's intent to
				switch to the newly requested telecommunications carrier. The newly requested
				interexchange or local exchange telecommunications carrier must be clearly
				identified to the customer. Reference to use of another telecommunications
				carrier's network or facilities, if stated, must be secondary in nature to the
				prominent identification of the interexchange or local exchange carrier which
				will be providing service and setting the rates with the customer's consent for
				the customer's service.
(ii)
				Confirmation that the person whose authorization for a carrier change is being
				verified is the subscriber on the account or a person authorized by the
				subscriber to make decisions regarding the telephone account on behalf of the
				subscriber.
(iii) Verification data
				unique to the customer (e.g., the customer's date of birth or social security
				number).
(iv) The name and toll
				free telephone number of the newly requested telecommunications
				carrier.
(d) When the
				customer affected by the change initiates the contact with the carrier in order
				to request the change.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.38 - Unauthorized Change of Provider › Rule 38.5.3803 - COMPLAINTS OF UNAUTHORIZED SWITCH IN CARRIERS

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of a complaint alleging an
				unauthorized switch in a customer's telecommunications carrier, either orally
				or in writing, from the customer, the customer's original pre-subscribed
				telecommunications carrier, the customer's local exchange company, or from the
				commission or its staff on behalf of a customer or applicant, the
				telecommunications carrier that initiated the change shall make a suitable
				investigation and advise the party requesting the investigation of the results.
				When advising the customer or party requesting the investigation of the
				results, the carrier that initiated the change shall provide documentation in
				accordance with ARM
				38.5.3801 and
				38.5.3802 that confirms the
				customer's valid authorization to switch telecommunications carriers. The
				burden is on the carrier that initiated the change to produce documentation
				that valid authorization was obtained from the customer. If a carrier fails to
				provide the documentation, the carrier change will be deemed invalid. A
				telecommunications carrier, upon receipt of a complaint from the commission or
				its staff alleging unauthorized switching, shall issue an initial response
				within five working days.
69-3-1304,
					 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 38.5.38 - Unauthorized Change of Provider › Rule 38.5.3804 - TELECOMMUNICATIONS CARRIER LIABILITY

Current through Register Vol. 13, July 5, 2024
(1) An entity
				that is not the customer and that initiates a change in the customer's
				telecommunications carrier in violation of these rules, or cannot provide
				documentation that the change was initiated in compliance with these rules, is
				liable:
(a) to the customer for all intrastate
				long distance charges, interstate long distance charges, monthly service
				charges, carrier switching fees, and other relevant charges billed by the
				unauthorized carrier or its agent to the customer during the period of the
				unauthorized change; and
(b) to the
				customer's original telecommunications carrier for all charges related to
				reinstating service to the customer.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.38 - Unauthorized Change of Provider › Rule 38.5.3805 - REFUND OF CHARGES

Current through Register Vol. 13, July 5, 2024
(1) A
				telecommunications carrier which initiates a carrier change without
				authorization from the customer in accordance with these rules shall issue to
				the customer full credit or refund the entire amount of such customer's
				telephone charges attributable to telephone service from the telecommunications
				carrier for up to six continuous months of unauthorized service and any charges
				from another telecommunications carrier to re-establish service or to change
				the customer's pre-subscribed carrier. The appropriate credit or refund must be
				issued within a period not to exceed 60 days from the date of the initial
				complaint from the customer, commission, or staff.
69-3-1304,
					 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 38.5.38 - Unauthorized Change of Provider › Rule 38.5.3810 - VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) The commission may refer violations of
				the prohibition against unauthorized change of a customer's telecommunications
				carrier to the appropriate law enforcement authority for prosecution.
69-3-1304,
					 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 38.5.38 - Unauthorized Change of Provider › Rule 38.5.3812 - TRUE AND COMPLETE CARRIER COMMUNICATIONS PERTAINING TO CUSTOMER AUTHORIZATION FOR CHANGE OF CARRIERS

Current through Register Vol. 13, July 5, 2024
(1) When
				soliciting, obtaining, or verifying a customer's authorization for a change of
				telecommunications carriers, neither the carrier, its agent, nor the
				independent third party verifier may make false, misleading, or deceptive
				statements or fail to disclose material information.
(2) Authorization obtained under
				circumstances in which the carrier, its agents, or the third party verifier has
				made false, misleading, or deceptive statements or has failed to disclose
				material information is invalid and will not qualify as authorization for
				purposes of validating a change in carriers.
69-3-1304,
					 MCA; IMP,
					 69-3-1303,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.38 - Unauthorized Change of Provider › Rule 38.5.3815 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purpose of this subchapter, the following definitions
				  are applicable:
(1) "Electronic
				signature" has the meaning as provided in
				30-18-102(8),
				MCA.
(2) "Executing carrier" means
				generally any telecommunications carrier that effects a request that a
				subscriber's telecommunications carrier be changed. A carrier may be treated as
				an executing carrier if it is responsible for any unreasonable delays in the
				execution of carrier changes or for the execution of unauthorized carrier
				changes, including fraudulent authorizations.
(3) "Submitting carrier" means generally any
				telecommunications carrier that:
(a) requests
				on the behalf of a subscriber that the subscriber's telecommunications carrier
				be changed; and
(b) seeks to
				provide retail services to the end user subscriber. A carrier may be treated as
				a submitting carrier if it is responsible for any unreasonable delays in the
				submission of carrier change request or for the submission of unauthorized
				carrier change request, including fraudulent authorizations.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.38 - Unauthorized Change of Provider › Rule 38.5.3816 - PREFERRED CARRIER FREEZE

Current through Register Vol. 13, July 5, 2024
(1) A preferred
				carrier freeze (or freeze) prevents a change in a subscriber's preferred
				carrier selection unless the subscriber gives the carrier from whom the freeze
				was requested his or her express consent. All local exchange carriers who offer
				preferred carrier freezes must comply with the provisions of this
				rule.
(2) All local exchange
				carriers who offer preferred carrier freezes shall offer freezes on a
				nondiscriminatory basis to all subscribers, regardless of the subscriber's
				carrier selections.
(3) Preferred
				carrier freeze procedures, including any solicitation, must clearly distinguish
				among telecommunications services (e.g., local exchange, intraLATA /intrastate
				toll, interLATA /interstate toll, and international toll) subject to a
				preferred carrier freeze. The carrier offering the freeze must obtain separate
				authorization for each service for which a preferred carrier freeze is
				requested.
69-3-822 and
					 69-3-1304,
					 MCA; IMP,
					 69-3-102,
					 69-3-201
					 and
					 69-3-1303,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.38 - Unauthorized Change of Provider › Rule 38.5.3817 - SOLICITATION AND IMPOSITION OF PREFERRED CARRIER FREEZES

Current through Register Vol. 13, July 5, 2024
(1) All carrier-provided solicitation and
				other materials regarding preferred carrier freezes must include:
(a) an explanation, in clear and neutral
				language, of what a preferred carrier freeze is and what services may be
				subject to a freeze;
(b) a
				description of the specific procedures necessary to lift a preferred carrier
				freeze, including an explanation that:
(i)
				these steps are in addition to the commission's verification rules in ARM
				38.5.3801 and
				38.5.3802 for changing a
				subscriber's preferred carrier selections; and
(ii) the subscriber will be unable to make a
				change in carrier selection unless he or she lifts the freeze; and
(c) an explanation of any charges
				associated with the preferred carrier freeze.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.38 - Unauthorized Change of Provider › Rule 38.5.3818 - PROCEDURES FOR LIFTING PREFERRED CARRIER FREEZES

Current through Register Vol. 13, July 5, 2024
(1) All local exchange carriers who offer
				preferred carrier freezes must, at a minimum, offer subscribers the following
				procedures for lifting a preferred carrier freeze:
(a) A local exchange carrier administering a
				preferred carrier freeze must accept a subscriber's written and signed
				authorization stating her or his intent to lift a preferred carrier freeze;
				and
(b) A local exchange carrier
				administering a preferred carrier freeze must accept a subscriber's oral
				authorization stating her or his intent to lift a preferred carrier freeze and
				must offer a mechanism that allows a submitting carrier to conduct a three-way
				conference call with the carrier administering the freeze and the subscriber in
				order to lift a freeze. When engaged in oral authorization to lift a preferred
				carrier freeze, the carrier administering the freeze shall confirm appropriate
				verification data (e.g., the subscriber's date of birth or social security
				number) and the subscriber's intent to lift the particular freeze.
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 38.5.3904 - LETTER OF AGENCY FORM AND CONTENT

Current through Register Vol. 13, July 5, 2024
(1) A
				telecommunications carrier or other entity initiating a product or service
				charge to be placed on a customer's telecommunications bill shall obtain any
				necessary written or electronically signed authorization from a subscriber by
				using a letter of agency as specified in this rule. Any letter of agency that
				does not conform with this rule is invalid.
(2) The letter of agency shall be a separate
				document (or an easily separable document) or located on a separate screen or
				webpage containing only the authorizing language described in (5), the sole
				purpose of which is to authorize a charge to be placed on the customer's
				telecommunications bill for a product or service. The letter of agency must be
				signed and dated by the subscriber to the telecommunications account being
				authorized for the billing.
(3) The
				letter of agency shall not be combined on the same document, screen or webpage
				with inducements of any kind.
(4)
				Notwithstanding (2) and (3) of this rule, the letter of agency may be combined
				with checks that contain only the required letter of agency language prescribed
				in (5) of this rule and the necessary information to make the check a
				negotiable instrument. The letter of agency check shall not contain any
				promotional language or material. The letter of agency check shall contain, in
				easily readable, boldface type on the front of the check, a notice that the
				consumer is ordering a product or service and, by signing the check, is
				authorizing the billing for product or service on his telephone bill. The
				letter of agency language also shall be placed near the signature line on the
				back of the check.
(5) At a
				minimum, the letter of agency must be printed with a readable type of
				sufficient size to be clearly legible and must contain clear and unambiguous
				language that confirms:
(a) the subscriber's
				billing name and address and the telephone number on which the charge for the
				product or service will be billed;
(b) the decision to authorize the placement
				of the charge for the service or product on the subscriber's telephone bill;
				and
(c) a clear description of the
				service or product being ordered.
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 38.5.3907 - COMPLAINTS OF UNAUTHORIZED CHARGES FOR PRODUCTS OR SERVICES BEING PLACED ON A CUSTOMER'S TELEPHONE BILL

Current through Register Vol. 13, July 5, 2024
(1) Upon
				receipt of a complaint alleging an unauthorized charge for a product or service
				being placed on a customer's telephone bill, either orally or in writing, from
				the customer, the customer's local exchange company, or from the commission or
				its staff on behalf of a customer or applicant, the telecommunications carrier
				or other entity that initiated placement of the charge for the product or
				service on the customer's telephone bill shall make a suitable and documented
				investigation and advise the party requesting the investigation of the results.
				The results of the investigation need not be in writing, unless otherwise
				directed by the commission or requested by a customer. When advising the
				customer or party requesting the investigation of the results, the carrier or
				other entity that initiated the placement of the charge for the product or
				service on the customer's telephone bill shall provide documentation in
				accordance with ARM
				38.5.3901 and
				38.5.3904 that confirms the
				customer's valid authorization for placement of the charge for the product or
				service on the telephone bill. The burden is on the carrier or other entity
				that initiated the placement of the charge for the product or service on the
				customer's telephone bill to produce documentation that valid authorization was
				obtained from the customer. If a carrier or other entity fails to provide the
				documentation, all charges for the products or services that the customer did
				not authorize or that were not provided to the customer will be deemed invalid.
				A telecommunications carrier or other entity, upon receipt of a complaint
				alleging unauthorized placement of charges for products or service on a
				customer's telephone bill, shall issue an initial response within five working
				days.
(2) The carrier or other
				entity shall maintain and preserve records of complaints for a minimum period
				of two years after receipt of the complaint. Records of complaints must include
				the complaint, documentation of the investigation of the complaint, and
				documentation of the response or responses to the complaint. Records of
				complaints must include the customer's name, address, and telephone number, the
				date of the complaint, a summary of the complaint, the date the complaint was
				resolved, and the resolution reached. Records of complaints must be provided to
				the commission within 20 days of request by the commission.
69-3-1304,
					 MCA; IMP,
					 69-3-1301 and
					 69-3-1303,
					 MCA;