69-3-801. Short title
69-3-801. Short title. This part may be cited as the “Montana Telecommunications Act”. History: En. Sec. 1, Ch. 546, L. 1985.
69-3-802. Purpose
69-3-802. Purpose. The legislature declares that it remains the policy of the state of Montana to maintain universal availability of basic telecommunications service at affordable rates. To the extent that it is consistent with maintaining universal service, it is further the policy of this state to encourage competition in the telecommunications industry, thereby allowing access by […]
69-3-803. Definitions
69-3-803. Definitions. As used in this part, the following definitions apply: (1) ”Commercial mobile radio service” means commercial mobile radio service as defined in 47 CFR 20.9. (2) ”Commission” means the public service commission. (3) ”Eligible telecommunications carrier” means a telecommunications provider designated by the commission under 69-3-840. (4) ”Fund” means the universal service fund established in 69-3-842. (5) ”Incumbent local […]
69-3-804. Exemption for private telecommunications service
69-3-804. Exemption for private telecommunications service. Construction, maintenance, or operation of a private telecommunications service does not constitute the provision of regulated telecommunications service, and a private telecommunications service is not subject to any of the provisions of this title. If any other person or entity, including the owners or shareholders of the entity owning or […]
69-3-805. Registration of telecommunications providers
69-3-805. Registration of telecommunications providers. (1) Before any person or entity provides telecommunications service within the state of Montana, it shall file with the commission a notice including: (a) the name, address, and telephone number of the provider; (b) the name, address, and telephone number of the person responsible for regulatory contacts and customer dispute resolution on behalf […]
69-3-806. Prohibition against cross-subsidization
69-3-806. Prohibition against cross-subsidization. A provider of regulated telecommunications services may not use current revenue earned or expenses incurred in conjunction with services subject to regulation under this chapter to subsidize services that are not regulated or are not tariffed. Expenses incurred in conjunction with services that are not regulated or that are not tariffed under […]
69-3-807. Regulation of rates and charges
69-3-807. Regulation of rates and charges. (1) The commission may establish specific rates, tariffs, or fares for the provision of regulated telecommunications service to the public. The rates, tariffs, or fares must be just, reasonable, and nondiscriminatory. (2) Alternatively, the commission may authorize the provision of regulated telecommunications service under terms and conditions that best serve the […]
69-3-808. Forbearance of rate regulation to facilitate competition
69-3-808. Forbearance of rate regulation to facilitate competition. (1) In accordance with the provisions of this section, the commission shall forbear regulation as to rates, tariffs, fares, or charges to facilitate competition and shall authorize the provision of all or any portion of regulated telecommunications service under stated or negotiated terms to any person or entity […]
69-3-809. Alternative forms of regulation
69-3-809. Alternative forms of regulation. (1) The commission may authorize a provider of regulated telecommunication services, as defined in 69-3-803, to implement alternatives to the ratemaking practices required under parts 2, 3, and 9 of this chapter, including but not limited to price caps and equitable sharing of earnings or revenues between a provider of regulated […]
69-3-810. New service — withdrawal of services
69-3-810. New service — withdrawal of services. (1) A provider of regulated telecommunications service shall provide notice, in the form prescribed by the commission, of its intent to offer a new service to its customers. The notice must include a description of the service, a minimum price, and the terms and conditions under which it will […]
69-3-811. Costs for services provided — jurisdiction over complaints
69-3-811. Costs for services provided — jurisdiction over complaints. (1) Prices charged for a regulated telecommunications service must be above relevant costs unless otherwise ordered by the commission. If the commission determines that a price is below relevant costs, it may ensure that shareholders and not ratepayers are responsible for any relevant costs not recovered through […]
69-3-812. through 69-3-814 reserved
69-3-812 through 69-3-814 reserved.
69-3-815. Nondiscriminatory intercarrier compensation — billing records — enforcement — rulemaking
69-3-815. Nondiscriminatory intercarrier compensation — billing records — enforcement — rulemaking. (1) An originating carrier of local telecommunications service shall transmit with the originating carrier’s telecommunications traffic information necessary to enable the terminating carrier to identify, measure, and appropriately charge the originating carrier for the termination of the local telecommunications service. (2) A provider of intralocal access […]
69-3-816. through 69-3-820 reserved
69-3-816 through 69-3-820 reserved.
69-3-821. Examination of books and records
69-3-821. Examination of books and records. Nothing in this part precludes the commission from exercising its authority under the provisions of 69-3-202. The commission may require such accounting or reporting systems as are necessary to allow a proper allocation of investments, costs, or expenses that are joint or common to both regulated telecommunications services and other […]
69-3-822. Rulemaking authority
69-3-822. Rulemaking authority. The commission may adopt rules to implement this part. History: En. Sec. 10, Ch. 546, L. 1985.
69-3-823. Exception
69-3-823. Exception. Nothing in this part affects the exemption from regulation provided by 35-18-104. History: En. Sec. 13, Ch. 546, L. 1985.
69-3-824. No preemption of laws governing anticompetitive activity
69-3-824. No preemption of laws governing anticompetitive activity. Nothing in this part in any way preempts, abrogates, or otherwise affects any right, liability, or obligation arising from any federal or state law regarding unfair business practices or anticompetitive activity. History: En. Sec. 15, Ch. 546, L. 1985.
69-3-825. through 69-3-828 reserved
69-3-825 through 69-3-828 reserved.
69-3-829. Expedited complaint proceeding — commission authority
69-3-829. Expedited complaint proceeding — commission authority. (1) The commission may conduct expedited complaint proceedings involving interconnection arrangements that include but are not limited to exchange access services between telecommunications carriers. (2) The provisions of the Montana Administrative Procedure Act do not apply to petitions for an expedited complaint proceeding under 69-3-830 and this section. History: En. Sec. […]