reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2820 - STATEMENT I - COMPARISON OF SALES AND REVENUES

Current through Register Vol. 13, July 5, 2024
(1) The application for a rate increase shall
				include a statement comparing rates, sales, and the revenues there from under
				the currently approved rate schedules and the rate schedules proposed to be
				superseded or supplemented. Such comparisons shall be applied to the sales
				levels for the 12 months of the test period. Such comparisons should be made
				for each rate schedule.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.28 - Minimum Rate Case Filing Requirements for Telephone Utilities › Rule 38.5.2821 - DEFICIENT FILINGS

Current through Register Vol. 13, July 5, 2024
(1) The commission
				shall, within 30 days of the filing by the utility of an application for rate
				increases, notify the utility of any failure of the application to comply with
				requirements of these rules. The notice shall specify the deficiencies and
				grant the utility a reasonable period of time in which to supplement or correct
				the filing. If notice is not given within the 30 days of filing, the
				application shall be deemed to comply with these rules. The date of the initial
				filing shall be preserved unless the initial filing patently fails to
				substantially comply with these rules. No filing shall be deemed to have
				patently failed to substantially comply with rules if the commission can
				reasonably judge the merits of the application and any deficiencies in the
				filing are corrected within 30 days. If the filing utility fails or refuses to
				provide information with respect to an expense, revenue, plant or other account
				item, but otherwise meets its burden of proof, the commission may adjust the
				utility's revenue requirement to reflect the failure to meet the burden of
				proof as to the specific item.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.29 - Guidelines for Calculating the Amount of Contribution in Aid of Construction to be Collected From a Utility Customer › Rule 38.5.2901 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) This sub-chapter's purpose is to provide
				guidelines for calculating the amount of contribution in aid of construction to
				be collected from a utility customer. Utilities with operating revenue of less
				than $25,000 are not subject to this sub-chapter.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.29 - Guidelines for Calculating the Amount of Contribution in Aid of Construction to be Collected From a Utility Customer › Rule 38.5.2902 - DEFINITION

Current through Register Vol. 13, July 5, 2024
(1) The term contribution in aid of
				construction refers to all money or other property received by a public utility
				that it must include in its taxable income as a result of the repeal of IRC
				Sec. 118 (b). It includes money or other property received by a regulated
				public utility to pay for the cost of additional plant or to pay the cost of
				modifying existing plant.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.29 - Guidelines for Calculating the Amount of Contribution in Aid of Construction to be Collected From a Utility Customer › Rule 38.5.2903 - CALCULATION OF CONTRIBUTION

Current through Register Vol. 13, July 5, 2024
(1) The amount a
				regulated utility collects from a customer making a contribution in aid of
				construction must include:
(a) The
				contribution in aid of construction, and
(b) An amount equal to the utility's
				increased income tax expense that is caused by including the contribution in
				income, less the present value of estimated future tax savings from
				depreciation of the additional plant.
(i) To
				calculate the present value of future tax savings a utility must determine a
				reasonable discount rate using the following criteria:
(A) The discount rate may not exceed the
				overall rate of return established in the utility's last rate case.
(B) The discount rate must apply for no less
				than 12 months. All changes in the discount rate must be filed to be effective
				on January 1.
(C) The same discount
				rate must apply to all customers.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.29 - Guidelines for Calculating the Amount of Contribution in Aid of Construction to be Collected From a Utility Customer › Rule 38.5.2904 - EFFECT ON RATES

Current through Register Vol. 13, July 5, 2024
(1) Contributions
				in aid of construction are not included in income for ratemaking purposes.
				Ratepayers are not responsible for any effects associated with the inclusion of
				contribution in aid of construction in taxable income.
Sec.
					 69-3-103,
					 MCA; IMP, Sec.
					 69-3-102,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.30 - Montana Interim Universal Access Program › Rule 38.5.3001 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-822,
					 MCA and Ch. 349, sec. 37, L. 1997; IMP,
					 69-3-856
					 through
					 69-3-860,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.30 - Montana Interim Universal Access Program › Rule 38.5.3002 - DESIGNATION AS A PUBLIC ACCESS POINT (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-822,
					 MCA and Ch. 349, sec. 37, L. 1997; IMP,
					 69-3-856
					 through
					 69-3-860,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.30 - Montana Interim Universal Access Program › Rule 38.5.3003 - PRIORITY FOR FUNDING FROM THE MONTANA INTERIM UNIVERSAL ACCESS PROGRAM (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-822,
					 MCA and Ch. 349, sec. 37, L. 1997; IMP,
					 69-3-856
					 through
					 69-3-860,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.30 - Montana Interim Universal Access Program › Rule 38.5.3004 - DETERMINATION OF DISCOUNT AMOUNT (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-822,
					 MCA and Ch. 349, sec. 37, L. 1997; IMP,
					 69-3-856
					 through
					 69-3-860,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.30 - Montana Interim Universal Access Program › Rule 38.5.3005 - APPLICATION FOR DISCOUNTED SERVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-822,
					 MCA and Ch. 349, sec. 37, L. 1997; IMP,
					 69-3-856
					 through
					 69-3-860,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.30 - Montana Interim Universal Access Program › Rule 38.5.3006 - APPLICATION DEADLINES AND DISBURSEMENT OF FUNDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-822,
					 MCA and Ch. 349, sec. 37, L. 1997; IMP,
					 69-3-856
					 through
					 69-3-860,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.30 - Montana Interim Universal Access Program › Rule 38.5.3007 - REDUCTION OF DISCOUNTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-822,
					 MCA and Ch. 349, sec. 37, L. 1997; IMP,
					 69-3-856
					 through
					 69-3-860,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.30 - Montana Interim Universal Access Program › Rule 38.5.3008 - AUDITING (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-822,
					 MCA and Ch. 349, sec. 37, L. 1997; IMP,
					 69-3-856
					 through
					 69-3-860,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.30 - Montana Interim Universal Access Program › Rule 38.5.3009 - MONTANA INTERIM UNIVERSAL ACCESS PROGRAM SURCHARGE RATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-822,
					 MCA and Ch. 349, sec. 37, L. 1997; IMP,
					 69-3-856
					 through
					 69-3-860,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.31 - Inter-carrier Compensation › Rule 38.5.3101 - TYPES OF RECORDS TO BE MADE AVAILABLE

Current through Register Vol. 13, July 5, 2024
(1)
				"Transit record" is defined as telecommunications network transit traffic usage
				data and wireless telecommunications network transit traffic usage data
				pertaining to telecommunications traffic that an originating carrier delivers
				to a transiting carrier or carriers for delivery to a terminating carrier.
(a) The term does not mean traffic carried by
				interlocal access transport area carriers or providers of intralocal access
				transport area toll services.
(b)
				Such network usage data must be compiled in accordance with current
				telecommunications industry guidelines and in compliance with current ordering
				and billing forum (OBF) standards.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.31 - Inter-carrier Compensation › Rule 38.5.3102 - COST OF THE TRANSIT RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The rate
				for the transit records shall be the transit record rate set forth in qwest
				corporation's most recent Statement of Generally Available Terms on file with
				the commission or such other rate as the commission may establish.
(2) Nothing in this rule precludes two
				carriers from mutually agreeing in writing to any other arrangement pertaining
				to recovery of costs associated with acquiring transit or billing records from
				the transiting carrier or from the originating carrier.
69-3-803
					 and
					 69-3-815,
					 MCA; IMP,
					 69-3-815,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.31 - Inter-carrier Compensation › Rule 38.5.3103 - PARTY RESPONSIBLE FOR THE PAYMENT OF TRANSIT RECORDS TO THE TRANSITING CARRIER

Current through Register Vol. 13, July 5, 2024
(1) A transiting
				carrier must pass to the terminating carrier, unaltered, all information the
				transiting carrier receives in the signaling stream of the call from the
				originating carrier.
(2) Where a
				carrier requests transit records from a transiting carrier, the transiting
				carrier shall provide the transit records.
(3) The requesting carrier shall pay the
				transiting carrier for the records provided.
(4) Rates of compensation are as set forth in
				38.5.3102, MCA.
69-3-803
					 and
					 69-3-815,
					 MCA; IMP,
					 69-3-815,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.31 - Inter-carrier Compensation › Rule 38.5.3104 - AUDITS AND VERIFICATION

Current through Register Vol. 13, July 5, 2024
(1) No more than
				twice a year, a transiting carrier required to provide transit records to a
				terminating carrier upon request shall permit the terminating carrier to
				independently verify through an audit that the records provided by the
				transiting carrier to the terminating carrier reasonably account for all the
				information the transiting carrier has received from the originating carrier
				and that the transiting carrier delivers to the terminating carrier.
(2) No more than twice a year, an originating
				carrier shall permit a terminating carrier to independently verify through an
				audit that the information provided by the originating carrier to the
				terminating carrier reasonably accounts for all the traffic the originating
				carrier delivers to the terminating carrier.
69-3-803
					 and
					 69-3-815,
					 MCA; IMP,
					 69-3-815,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.31 - Inter-carrier Compensation › Rule 38.5.3105 - RESPONSIBILITIES OF ORIGINATING CARRIER

Current through Register Vol. 13, July 5, 2024
(1) An
				originating carrier shall transmit to the terminating carrier or to the
				transiting carrier as part of the call transaction, information that permits
				the terminating carrier to:
(a) identify the
				originating carrier;
(b) measure
				the call (if appropriate) ; and
(c)
				charge the originating carrier for the termination of the call.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.31 - Inter-carrier Compensation › Rule 38.5.3106 - EXPEDITED RESOLUTION OF COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1)
				Complaints that are filed pursuant to this rule shall be designated as a
				complaint filed under the interconnection statutes,
				47 USC Sections
				251 and
				252
				and
				69-3-831,
				69-3-832,
				69-3-833,
				69-3-834,
				69-3-835,
				69-3-836,
				69-3-837,
				69-3-838
				and
				69-3-839,
				MCA, or as a complaint filed under
				69-3-815(6),
				MCA.
(2) Where a complaint filed
				with the commission is designated a complaint filed under the relevant
				interconnection agreement statutes, the commission shall follow the procedures
				set forth in those statutes.
(3)
				Complaints that are filed under
				69-3-815(6),
				MCA, shall be expedited according to a procedural schedule that will be
				implemented on a case-by-case basis in accordance with commission
				rules.
69-3-803
					 and
					 69-3-815,
					 MCA; IMP,
					 69-3-815,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.32 - Eligible Telecommunications Carriers and Lifeline/Link-Up › Rule 38.5.3201 - PURPOSE AND SCOPE OF RULES

Current through Register Vol. 13, July 5, 2024
(1) Federal and
				Montana laws include provisions that apply to commission designation of
				eligible telecommunications carriers and also to commission review of the
				status of existing eligible telecommunications carriers. The rules in this
				sub-chapter are minimum standards and must be read and applied in conjunction
				with federal and Montana law applying to designation of eligible
				telecommunications carriers and maintenance of eligible telecommunications
				carrier status.
(2) Eligible
				telecommunications carrier applications will be evaluated to determine whether
				the commission's public interest standard is met.
(3) Waiver of a rule in this sub-chapter will
				not be routinely granted, but may be granted, in the commission's discretion,
				for clearly demonstrated good cause.
69-3-822,
					 MCA; IMP,
					 69-3-840,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.32 - Eligible Telecommunications Carriers and Lifeline/Link-Up › Rule 38.5.3203 - BURDEN IN PROCEEDINGS

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for designation as an eligible telecommunications carrier has the burden of
				demonstrating in fact and law that the requirements for designation as an
				eligible telecommunications carrier have been met. An eligible
				telecommunications carrier, in any annual or other process involving
				certification as an eligible telecommunications carrier or maintenance of
				status as an eligible telecommunications carrier, has the burden of
				demonstrating in fact and law that the requirements for certification or
				maintenance of status have been met.
(2) Applicants in designation proceedings
				shall include, with the application for designation, prefiled testimony and
				supporting analysis establishing a prima facie case for designation.
69-3-822,
					 MCA; IMP,
					 69-3-103
					 and
					 69-3-840,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.32 - Eligible Telecommunications Carriers and Lifeline/Link-Up › Rule 38.5.3206 - DESIGNATION AND MAINTENANCE - COMPLIANCE WITH CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) The commission may revoke eligible
				telecommunications carrier status if the eligible telecommunications carrier is
				unable to establish that it meets commission compliance directives and
				conditions, provisions of federal and Montana laws including these rules, or
				assurances that have been provided by the eligible telecommunications carrier
				to the commission.
69-3-822,
					 MCA; IMP,
					 69-3-840,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.32 - Eligible Telecommunications Carriers and Lifeline/Link-Up › Rule 38.5.3209 - DESIGNATION AND MAINTENANCE - MINIMUM ADDITIONAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) An applicant for eligible
				telecommunications carrier status must demonstrate the requirements for
				designation will be met upon designation or within a reasonable time following
				designation, and, on request by the commission, existing eligible
				telecommunications carriers must demonstrate the requirements for designation
				are being met or will be met within a reasonable time following a review of
				status proceeding.
(2) The minimum
				requirements for designation and maintenance of status as an eligible
				telecommunications carrier include:
(a)
				offering the services that are supported by the federal universal service
				support mechanisms as required by
				47
				CFR 54.201 (d) (1) and identified in
				47 CFR
				54.101 and
				47 USC 254 (c)
				;
(b) advertising the availability
				of the supported services and the charges for those services using media of
				general distribution as required by
				47
				CFR 54.201 (d) (2) ;
(c) providing the supported services
				throughout the designated service area to all customers making a reasonable
				request for service, including low-income, low-density, rural, insular, and
				high-cost customers, and, for service in rural areas, in a manner reasonably
				comparable and at a rate reasonably comparable to similar services offered in
				urban areas;
(d) satisfying
				applicable consumer protection and service quality standards;
(e) offering a local usage plan comparable to
				the one offered by the incumbent local exchange carrier; and
(f) demonstrating eligible telecommunications
				carrier status is in the public interest.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.32 - Eligible Telecommunications Carriers and Lifeline/Link-Up › Rule 38.5.3210 - DESIGNATION AND MAINTENANCE - PUBLIC INTEREST

Current through Register Vol. 13, July 5, 2024
(1)
				Consideration of the public interest will apply in all eligible
				telecommunications carrier designation and maintenance of status
				proceedings.
(2) The commission is
				not required to designate additional eligible telecommunications carriers in
				any service area, nonrural or rural. The commission may determine designation
				of an eligible telecommunications carrier in any service area, rural or
				nonrural, is not in the public interest.
(3) Consideration of the "public interest"
				means the commission will consider all known factors regarding the designation
				of an eligible telecommunications carrier and the maintenance of status as an
				eligible telecommunications carrier that clearly demonstrate a public benefit
				or a public detriment, including, but not limited to:
(a) the ability of the eligible
				telecommunications carrier to provide the supported services in the manner
				required;
(b) the ability and
				willingness of the eligible telecommunications carrier to comply will all laws
				governing eligible telecommunications carriers;
(c) the ability of a service area to support
				or continue to support an additional eligible telecommunications
				carrier;
(d) the effect designation
				of an additional eligible telecommunications carrier will have on an existing
				eligible telecommunications carrier, primarily in regard to the provision of
				services and cost as relates to density, terrain, service, and so
				forth;
(e) whether the eligible
				telecommunications carrier technology platform is compatible with broadband and
				other advanced service offerings and facilitates availability of advanced
				telecommunications and information services in the areas served;
(f) the ability of the eligible
				telecommunications carrier to provide equal access to interexchange carriers in
				the event no other eligible telecommunications carrier is providing equal
				access in the service area;
(g) the
				extent to which the eligible telecommunications carrier is able to provide
				service to customers throughout the service area using the eligible
				telecommunications carrier's own network;
(h) the effect that designation or
				maintenance of status will have on the availability of universal service
				funds;
(i) the effect that
				designation or maintenance of status will have on the principles of universal
				service;
(j) the public
				convenience, including things such as mobility, quality of service,
				availability of competition, and market choices; and
(k) public necessity, including factors such
				as public safety, reliability of service, ability to operate in
				emergencies.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.32 - Eligible Telecommunications Carriers and Lifeline/Link-Up › Rule 38.5.3213 - DESIGNATION AND MAINTENANCE - COVERAGE

Current through Register Vol. 13, July 5, 2024
(1)
				Applications for designation as a competitive eligible telecommunications
				carrier and, upon request by the commission, existing eligible
				telecommunications carriers must provide a plan demonstrating the manner in
				which customers in the service area for which designation is sought or exists
				have or will have access to service. The plan for coverage must be in terms of
				percentage of customers served, minimum of 98%, within designated periods of
				time in years, up to five years. The commission may approve the plan or modify
				the plan if the circumstances demonstrate modification is in the public
				interest.
(2) For purposes of this
				rule "access to service" means that the indicated percentage of residences and
				businesses must be able to utilize the designated carrier's services from their
				residence or business locations. In the case of a wireless eligible
				telecommunications carrier, "access to service" also means that customers
				within the maximum required coverage for the period designated shall not be
				required to purchase any equipment, beyond a typical handheld mobile phone,
				that may be required to enhance the ability to transmit or receive the wireless
				communications service.
69-3-822,
					 MCA; IMP,
					 69-3-840,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.32 - Eligible Telecommunications Carriers and Lifeline/Link-Up › Rule 38.5.3216 - MAINTENANCE - INVESTIGATIONS, AUDITS, REPORTING, NOTICES

Current through Register Vol. 13, July 5, 2024
(1) The commission may conduct investigations
				and audits of any or all designated eligible telecommunications carriers in
				Montana. The investigations and audits will be limited to compliance with
				eligible telecommunications carrier requirements.
(2) The commission may require reporting by
				any or all eligible telecommunications carriers in Montana. Upon commission
				notification, eligible telecommunications carriers shall submit reports to the
				commission in a format prescribed by the commission, which may require
				affidavits in support. The reports will be limited to compliance with eligible
				telecommunications carrier requirements.
(3) Eligible telecommunications carriers
				receiving or intending to receive federal universal service funding for
				services provided by means other than customary wireline or mobile wireless
				service (e.g., satellite, internet, voice over internet protocol, cable, power
				line, and so forth) must file with the commission notification of receipt or
				notification of intent to seek funding. During an annual certification
				procedure or upon commission request, such carriers must demonstrate that the
				provision of basic exchange service by means other than customary wireline or
				mobile wireless (e.g., satellite, internet, voice over internet protocol,
				cable, power line, and so forth) satisfies all of the requirements of federal
				and Montana law, including the requirements of these rules.
69-3-822,
					 MCA; IMP,
					 69-3-840,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.32 - Eligible Telecommunications Carriers and Lifeline/Link-Up › Rule 38.5.3218 - MAINTENANCE - ANNUAL CERTIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				process for the annual certifications of eligible telecommunications carriers
				will be designed to meet all federal and Montana requirements for annual
				certification. The process will be as prescribed by commission notice to all
				Montana eligible telecommunications carriers, with necessary reference to
				federal and Montana law, including these rules. The notice will be provided to
				all Montana eligible telecommunications carriers in advance of the annual
				certification deadline. Each eligible telecommunications carrier will receive
				the same notice, or, if certification distinctions are necessary, each nonrural
				eligible telecommunications carrier will receive an identical notice and each
				rural eligible telecommunications carrier will receive an identical
				notice.
69-3-822,
					 MCA; IMP,
					 69-3-840,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.32 - Eligible Telecommunications Carriers and Lifeline/Link-Up › Rule 38.5.3230 - ELIGIBLE TELECOMMUNICATIONS CARRIERS - CERTIFICATION AND VERIFICATION OF SUBSCRIBER ELIGIBILITY FOR FEDERAL LIFELINE/LINK-UP ON TRIBAL LANDS

Current through Register Vol. 13, July 5, 2024
(1) Each eligible telecommunications carrier
				providing federal lifeline/link-up service to a qualifying low-income
				subscriber who is an eligible resident of tribal lands, as defined at
				47 CFR
				54.400, must obtain that subscriber's
				signature on a document certifying under penalty of perjury that:
(a) the subscriber receives benefits from one
				of the qualifying low-income programs designated by the federal communications
				commission at
				47 CFR
				54.409 and related provisions, and
				identifying the program or programs from which that subscriber receives
				benefits; or
(b) the subscriber's
				household income is at or below 135% of the federal poverty guidelines and that
				the subscriber's presented documentation of income accurately represents the
				subscriber's household income; and
(c) the subscriber will notify the carrier if
				the subscriber ceases to participate in the qualifying low-income program or
				programs or if the subscriber's income exceeds 135% of the federal poverty
				guideline.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.33 - Telecommunications Service Standards › Rule 38.5.3301 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) Section
				69-3-201,
				MCA, requires every public utility to furnish reasonably adequate service and
				facilities. The purpose of these rules is to establish certain minimum
				standards for determining if regulated telecommunications service provided on a
				retail basis is adequate. The commission will liberally construe these rules
				and may require additional standards when necessary to provide adequate
				service.
(2) Except as may be
				otherwise provided in a specific rule, these service rules apply to any carrier
				operating in Montana and subject to the commission's jurisdiction.
(3) If the application of any rule results in
				an unreasonable hardship to a carrier or a customer, either may apply for
				waiver of the rule.
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 38.5.3302 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In the interpretation of these rules, the following
				  definitions shall be used:
(1)
				"Billing aggregator" has the meaning as provided in
				69-3-1302(2),
				MCA.
(2) "Calls" means customers'
				telecommunications messages attempted.
(3) "Carrier" means any local exchange
				carrier, interexchange carrier, operator service provider, inmate calling
				provider, or other telecommunications provider which provides regulated
				telecommunications services pursuant to
				69-3-803,
				MCA. The term does not include a rural cooperative carrier or a wireless
				carrier.
(4) "Central office" means
				a switching unit which may provide local access lines in a telecommunications
				system providing service to the general public, having the necessary equipment
				and operating arrangements for terminating and interconnecting customer lines
				and trunks or trunks only. There may be more than one central office in a
				building.
(5) "Channel" means a
				path for telecommunications between two or more customers or central
				offices.
(6) "Competitive local
				exchange carrier" means a carrier providing regulated local exchange service
				through any means, but is not the incumbent local exchange carrier.
(7) "Customer" means any person, firm,
				partnership, corporation, municipality, cooperative, organization, governmental
				agency, or other legal entity which has applied for, been accepted, and is
				currently receiving telecommunications service.
(8) "Customer trouble report" means any oral
				or written report from a customer or user of telecommunications services
				relating to a physical defect or to difficulty or dissatisfaction with the
				operation of the utility's facilities.
(9) "Exchange" means a service area
				established by an incumbent localexchange carrier for the administration of
				telecommunications services in a specified area for which a separate local rate
				schedule is provided. It may consist of one or more central offices together
				with associated plant facilities used in furnishing telecommunications services
				in that area. An exchange has one point designated for the purpose of rating
				toll calls for all subscribers in the exchange.
(10) "Facilities-based carrier" for purposes
				of these rules means a carrier that owns a majority of the facilities by which
				the carrier provides telecommunications service in Montana.
(11) "Incumbent local exchange carrier"
				means, with respect to an area, the local exchange carrier that:
(a) on February 8, 1996, provided telephone
				exchange service in the area; and
(b) on February 8, 1996, was considered to be
				a member of the Exchange Carrier Association pursuant to
				47 CFR
				69.601 (b) or is a person or entity that,
				after that date, became a successor or assign of a member of the Exchange
				Carrier Association.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.33 - Telecommunications Service Standards › Rule 38.5.3320 - DATA TO BE FILED WITH THE COMMISSION

Current through Register Vol. 13, July 5, 2024
(1)
				In addition to tariffs as required by
				69-3-301,
				MCA, each incumbent local exchange carrier must file with the commission a map
				showing the boundaries of the local exchange service area and showing base rate
				area and zone boundaries from which all customer locations can be determined
				and mileage or zone charges quoted for each exchange within the state. Boundary
				lines must be located by appropriate measurement to an identifiable location if
				not otherwise located on section lines, waterways, railroads, roads, etc. Maps
				must include location of highways, section lines, geographic township and range
				lines, railroads, and waterways outside municipalities and show the map scale
				and other detail. An exchange map and the applicable rates for local service
				must be available at the business office serving the exchange area.
(2) Each carrier must furnish to the
				commission, at such times and in such form as the commission requires, the
				results of any service-related tests, summaries, or records in its possession.
				The carrier must also furnish the commission with any information concerning
				the utility's facilities or operations which may be requested.
(3) Each facilities-based carrier must report
				promptly to the commission and to the nearest radio station or other local news
				media any specific occurrence or development which disrupts the service of a
				substantial number of its customers (the smaller of 25 percent or 100
				customers) for a time period in excess of two hours. This rule shall not apply
				to interexchange carriers in the case of an outage affecting local
				service.
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 38.5.3330 - RATE AND SPECIAL CHARGES INFORMATION

Current through Register Vol. 13, July 5, 2024
(1)
				A carrier must provide all information and assistance needed by applicants,
				customers, or others to determine the lowest cost telecommunications service
				available from the carrier that meets their stated needs. The carrier must
				provide written rate information at the request of customers and as otherwise
				required by the commission.
(2)
				Each carrier whose tariff or price list is filed with the commission must have
				its tariff or price list available for viewing at each business office. If the
				carrier has no local business office in Montana, the Montana tariff or price
				list must be posted on its web site.
(3) Prior to taking any action or offering
				any service, the local exchange carrier must notify customers of any connection
				charge or other charge and must provide an estimate of the initial bill for
				flat monthly services and other applicable charges. The local exchange carrier
				shall inform the customer whether or not taxes and other fees are included in
				the estimate.
(4) The local
				exchange carrier must offer to give an applicant a written estimate of special
				charges for services not established by tariff, such as construction charges,
				which are levied on an actual cost basis.
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 38.5.3331 - BUSINESS OFFICES AND TOLL-FREE TELEPHONE INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Each carrier, billing aggregator, and
				service provider must have at least one business office to provide customers
				and others with access to personnel who can provide information on services and
				rates, accept and process service applications, explain customers' bills,
				adjust errors, and generally represent the entity. If one business office
				serves several exchanges or states, toll-free calling to that office must be
				provided and the office must be staffed during Montana business
				hours.
(2) Local exchange carriers
				which provide billing services for other carriers, billing aggregators, or
				service providers shall include in such bills the toll-free telephone numbers
				of such carriers or service providers or alternatively, the toll-free numbers
				of their billing aggregators, which are provided to the local exchange carriers
				in accordance with (3).
(3)
				Carriers, billing aggregators, or service providers which bill through
				localexchange carriers are required to provide the toll-free telephone numbers
				required in (1) to all such local exchange carriers.
(4) Local exchange carriers and billing
				aggregators must provide a carrier's or service provider's toll-free number to
				a customer, upon request, at no charge, for any entity for which it
				bills.
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 38.5.3332 - CUSTOMER BILLING

Current through Register Vol. 13, July 5, 2024
(1) Carriers and
				billing aggregators are required to bill in accordance with the following
				procedures:
(a) Bills must be issued monthly,
				unless the carrier has obtained the customer's consent for bills to be issued
				on an alternative billing schedule.
(b) Residential and single-line business
				bills must itemize the charges for all services and products. The bill must
				clearly provide the following information:
(i)
				payment due date;
(ii) total amount
				due, including taxes;
(iii) the
				toll-free telephone number of the company's business office serving the
				customer;
(iv) a statement that
				local exchange service may not be disconnected for nonpayment of unregulated
				services, toll services, or services provided by other carriers, except when a
				local exchange carrier's local, toll, or unregulated services are combined into
				one service package at a single rate;
(v) the address and telephone number of the
				commission.
(c) If a
				local exchange carrier bills and collects for any interexchange carrier,
				including itself, all toll calls must be itemized showing the date, the time,
				the length in minutes, discounts if applicable, and the destination of the
				call, unless the customer has subscribed to a service option which does not
				require itemization of each call. For collect and/or third party calls, the
				point of origin and the telephone number of origin must be stated.
(d) Upon request, a carrier must notify the
				commission of the name and address of all entities for which it provides
				billing and collection services. If a local exchange carrier bills and collects
				for another carrier or service provider, the local exchange carrier must, upon
				request, provide the customer with the name, address, and telephone number of
				the other carrier's or service provider's department responsible for customer
				dispute resolution.
(e) Charges
				contained in telephone bills must be accompanied by a brief, clear,
				nonmisleading, plain-language description of the service rendered. If the bill
				includes charges from an entity that did not bill the customer for service
				during the customer's previous billing cycle, the name of the new provider and
				the charges billed must be printed in a clear and conspicuous manner.
(f) If a customer has subscribed to local
				measured service, the bill must detail any and all charges in excess of the
				basic local measured service monthly charge, including, at a minimum, the total
				minutes and total charges in each rate category.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.33 - Telecommunications Service Standards › Rule 38.5.3333 - PUBLIC INFORMATION (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 38.5.3334 - CUSTOMER DEPOSITS FOR TELECOMMUNICATIONS SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Deposit requirements for business and
				residential service must comply with ARM
				38.5.1101, et seq. A carrier may
				not collect a deposit in order to initiate local exchange service to a
				subscriber who participates in the Montana Telephone Assistance Program and who
				has also subscribed to toll blocking, except that a deposit may be required for
				optional local calling features and services subscribed to by the program
				participant.
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 38.5.3335 - COMPLAINTS AND APPEALS

Current through Register Vol. 13, July 5, 2024
(1) All carriers
				must promptly investigate customer complaints and inform the customer of
				proposed action. If requested, the carrier must provide a written statement of
				its action on the complaint.
(2) A
				carrier must inform a customer that a review by supervisory personnel of an
				unfavorable action on a bill or complaint is available. If requested, the
				carrier must provide a written statement of the supervisor's action on the
				complaint. The written statement must also inform the customer that commission
				review is available and provide the commission's telephone number and
				address.
(3) Upon receipt of a
				complaint, either orally or in writing, from the commission or its staff on
				behalf of a customer or applicant, the carrier shall make a suitable
				investigation and advise the commission or its staff of the results thereof.
				Initial response to the commission or its staff shall be provided within five
				working days.
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 38.5.3337 - PAY TELEPHONES (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 38.5.3338 - AUTOMATIC DIALING - ANNOUNCING DEVICES (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 38.5.3339 - TERMINATION OF SERVICE

Current through Register Vol. 13, July 5, 2024
(1) A carrier may
				interrupt service without notice only in emergency situations, if the service
				has been abandoned by the customer, or if the service was obtained without the
				carrier's authorization.
(2)
				Subject to the requirements of these rules, telecommunications services may be
				discontinued, after notice, as provided in (5), for the following reasons:
(a) Failure to make a security deposit or
				guarantee.
(b) Nonpayment of
				undisputed past due bills for regulated services.
(c) Unauthorized interference, diversion or
				use of telephone service.
(d)
				Violation of relevant laws, ordinances, commission rules or carrier tariffs,
				or
(e) Refusal to allow reasonable
				access to facilities or equipment.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.33 - Telecommunications Service Standards › Rule 38.5.3340 - ALTERNATIVE OPERATOR SERVICES (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 38.5.3341 - UNANSWERED CALLS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 69-3-822,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 69-3-802,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.33 - Telecommunications Service Standards › Rule 38.5.3343 - EMERGENCY CALL ROUTING (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 69-3-822,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 69-3-802,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.5 - UTILITY DIVISION › Subchapter 38.5.33 - Telecommunications Service Standards › Rule 38.5.3345 - CHANGE IN CUSTOMER'S INTEREXCHANGE CARRIER (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 69-3-822,
					 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 38.5.3350 - CONSTRUCTION

Current through Register Vol. 13, July 5, 2024
(1) In determining standard engineering and
				construction practice, the commission will be guided by provisions of the
				American National Standards Institute, the National Electrical Code, the
				National Electrical Safety Code, the Exchange Carriers Standards Association,
				the Rural Electrification Administration, and such other codes and standards as
				are generally accepted by the industry, except as modified by this commission
				or by municipal regulations within their jurisdiction. The telecommunications
				plant shall be designed, constructed, maintained, and operated in accordance
				with these standards, and in such manner to best accommodate the public, and to
				prevent interference with and from service furnished by other public utilities
				insofar as practical. The carrier shall design and construct the
				telecommunications facilities to reduce or prevent electromagnetic interference
				from AC power systems. The carrier shall engage in prior coordination with
				power utilities in the area before placing new plant or making major changes in
				existing plant likely to be impacted by the power utility's facilities. Such
				coordination shall be governed by the latest issue of ANSI/IEEE 776 Guide for
				Inductive Coordination of Electric Supply and Communications Lines.
69-3-103,
					 MCA; IMP,
					 69-3-102,
					 69-3-201,
					 MCA;