UTILITY DIVISION

38.5.3104 AUDITS AND VERIFICATION 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 ca…

38.5.3105 RESPONSIBILITIES OF ORIGINATING CARRIER 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: identify the originating carrier; measure the call…

38.5.3106 EXPEDITED RESOLUTION OF COMPLAINTS 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 , 6…

38.5.311 WATER STATISTICS (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-103, MCA History: NEW, 1980 MAR p. 2280, Eff. 8/1/80; REP, 2004 MAR p. 2933, Eff. 12/3/04.

38.5.312 ATTESTATION (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-103, MCA History: NEW, 1980 MAR p. 2280, Eff. 8/1/80; REP, 2004 MAR p. 2933, Eff. 12/3/04.

38.5.313 WORKING PAPERS (IS HEREBY REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-103, MCA History: NEW, 1980 MAR p. 2280, Eff. 8/1/80; REP, 2004 MAR p. 2933, Eff. 12/3/04.

38.5.3201 PURPOSE AND SCOPE OF RULES 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-chapte…

38.5.3203 BURDEN IN PROCEEDINGS 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 car…

38.5.3206 DESIGNATION AND MAINTENANCE -- COMPLIANCE WITH CONDITIONS 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 …

38.5.3209 DESIGNATION AND MAINTENANCE -- MINIMUM ADDITIONAL REQUIREMENTS 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 b…

38.5.3210 DESIGNATION AND MAINTENANCE -- PUBLIC INTEREST Consideration of the public interest will apply in all eligible telecommunications carrier designation and maintenance of status proceedings. The commission is not required to designate additional eligible telecommunication…

38.5.3213 DESIGNATION AND MAINTENANCE -- COVERAGE 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 i…

38.5.3216 MAINTENANCE -- INVESTIGATIONS, AUDITS, REPORTING, NOTICES 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 telecommuni…

38.5.3218 MAINTENANCE -- ANNUAL CERTIFICATIONS 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 M…

38.5.3230 ELIGIBLE TELECOMMUNICATIONS CARRIERS -- CERTIFICATION AND VERIFICATION OF SUBSCRIBER ELIGIBILITY FOR FEDERAL LIFELINE/LINK-UP ON TRIBAL LANDS Each eligible telecommunications carrier providing federal lifeline/link-up service to a qualifying low-income subscriber who is…

38.5.3301 PURPOSE 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 i…

38.5.3302 DEFINITIONS In the interpretation of these rules, the following definitions shall be used: "Billing aggregator" has the meaning as provided in 69-3-1302 (2) , MCA. "Calls" means customers' telecommunications messages attempted. "Carrier" means any local exchange carrier…

38.5.3320 DATA TO BE FILED WITH THE COMMISSION 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 …

38.5.3330 RATE AND SPECIAL CHARGES INFORMATION 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 provi…

38.5.3331 BUSINESS OFFICES AND TOLL-FREE TELEPHONE INFORMATION 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 proc…

38.5.3332 CUSTOMER BILLING Carriers and billing aggregators are required to bill in accordance with the following procedures: Bills must be issued monthly, unless the carrier has obtained the customer's consent for bills to be issued on an alternative billing schedule. Residentia…

38.5.3333 PUBLIC INFORMATION (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-201, MCA History: NEW, 1989 MAR p. 1515, Eff. 9/29/89; REP, 2006 MAR p. 2967, Eff. 12/8/06.

38.5.3334 CUSTOMER DEPOSITS FOR TELECOMMUNICATIONS SERVICES 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 Mo…

38.5.3335 COMPLAINTS AND APPEALS 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. A carrier must inform a customer that a review by sup…

38.5.3336 DIRECTORIES An incumbent local exchange carrier must provide its customers telephone directories at regular intervals (not to exceed 18 months) , listing all customers' names, addresses, and telephone numbers, except public telephones, addresses, and telephone service n…

38.5.3337 PAY TELEPHONES (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-201, MCA History: NEW, 1989 MAR p. 1515, Eff. 9/29/89; AMD, 1993 MAR p. 1336, Eff. 6/25/93; REP, 2006 MAR p. 2967, Eff. 12/8/06.

38.5.3338 AUTOMATIC DIALING - ANNOUNCING DEVICES (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-201, MCA History: NEW, 1989 MAR p. 1515, Eff. 9/29/89; AMD, 1993 MAR p. 1336, Eff. 6/25/93; REP, 2006 MAR p. 2967, Eff. 12/8/06.

38.5.3339 TERMINATION OF SERVICE 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. Subject to the requirements of these rules, telecom…

38.5.3340 ALTERNATIVE OPERATOR SERVICES (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-201, MCA History: NEW, 1989 MAR p. 1515, Eff. 9/29/89; REP, 1993 MAR p. 1336, Eff. 6/25/93.

38.5.3341 UNANSWERED CALLS (REPEALED) Authorizing statute(s): 69-3-103, 69-3-822, MCA Implementing statute(s): 69-3-102, 69-3-201, 69-3-802, MCA History: NEW, 1993 MAR p. 1336, Eff. 6/25/93; REP, 2006 MAR p. 2967, Eff. 12/8/06.

38.5.3343 EMERGENCY CALL ROUTING (REPEALED) Authorizing statute(s): 69-3-103, 69-3-822, MCA Implementing statute(s): 69-3-102, 69-3-201, 69-3-802, MCA History: NEW, 1993 MAR p. 1336, Eff. 6/25/93; REP, 2006 MAR p. 2967, Eff. 12/8/06.

38.5.3345 CHANGE IN CUSTOMER'S INTEREXCHANGE CARRIER (REPEALED) Authorizing statute(s): 69-3-103, 69-3-822, MCA Implementing statute(s): 69-3-102, 69-3-201, MCA History: NEW, 1991 MAR p. 2631, Eff. 12/27/91; AMD, 1992 MAR p. 1400, Eff. 6/26/92; REP, 1993 MAR p. 3044, Eff. 12/24/9…

38.5.3350 CONSTRUCTION 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 Assoc…

38.5.3351 EMERGENCY OPERATION 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 a…

38.5.3352 CONSTRUCTION WORK NEAR EXCHANGE CARRIER FACILITIES (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-201, MCA History: NEW, 1989 MAR p. 1515, Eff. 9/29/89; REP, 2006 MAR p. 2967, Eff. 12/8/06.

38.5.3353 NETWORK INTERFACE 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…

38.5.3360 CUSTOMER TROUBLE REPORTS 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 customer…

38.5.3361 INSPECTIONS AND TESTS 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…

38.5.3362 SERVICE INTERRUPTIONS 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 …

38.5.3370 GENERAL (REPEALED) Authorizing statute(s): 69-3-103, MCA Implementing statute(s): 69-3-102, 69-3-201, MCA History: NEW, 1989 MAR p. 1515, Eff. 9/29/89; REP, 2006 MAR p. 2967, Eff. 12/8/06.

38.5.3371 SERVICE REQUIREMENTS These rules establish service quality requirements for facilities-based local exchange carriers. The carrier shall be expected to meet generally accepted industry standards for quality on any service provided by the carrier that is not covered by th…

38.5.3401 DEFINITIONS 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 …

38.5.3403 ALLOWABLE RATE 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 comm…

38.5.3404 COST-BASED ALLOWABLE RATE 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 allowa…

38.5.3405 GENERAL REQUIREMENTS An operator service provider shall: 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 …

38.5.3407 BILLING DISCLOSURE Telecommunications carriers providing billing services for an operator service provider must disclose on customer bills: the operator service provider billed amount, clearly distinguished from the carrier's billed amount; the name of the operator serv…

38.5.3410 POSTING REQUIREMENTS Each operator service provider must post on or near each telephone instrument subscribed to its service, in plain view of consumers: the name, address, and toll-free telephone number of the operator service provider; a written disclosure that its ra…