Montana Administrative Code

38.5.3730 ANNUAL REPORTS 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. Authorizing statute(s): Secs. 69-3-103, 69-3-821 and 69-3-822, MCA Implementing statute(s): Secs. 69-3-1…

38.5.3732 MARKET DATA FILING REQUIREMENTS Interexchange carriers are required to file market data information in the form and manner as may be prescribed by commission action. Authorizing statute(s): Secs. 69-3-103, 69-3-106, 69-3-202, 69-3-203, 69-3-206, 69-3-208, 69-3-821 and 6…

38.5.3801 CHANGE IN TELECOMMUNICATIONS PROVIDER A telecommunications carrier may not initiate or effect a change in a customer's primary interexchange carriers or local exchange company except: When the carrier initiating the change has obtained the customer's written or electron…

38.5.3802 LETTER OF AGENCY FORM AND CONTENT A telecommunications carrier initiating a change in a subscriber's primary interexchange carrier or local exchange carrier shall obtain any necessary written or electronically signed authorization from a subscriber by using a letter of …

38.5.3803 COMPLAINTS OF UNAUTHORIZED SWITCH IN CARRIERS 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 c…

38.5.3804 TELECOMMUNICATIONS CARRIER LIABILITY 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…

38.5.3805 REFUND OF CHARGES 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 t…

38.5.3810 VIOLATIONS 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. Authorizing statute(s): 69-3-1304, MCA Implementing statute(s): 69-3-10…

38.5.3812 TRUE AND COMPLETE CARRIER COMMUNICATIONS PERTAINING TO CUSTOMER AUTHORIZATION FOR CHANGE OF CARRIERS When soliciting, obtaining, or verifying a customer's authorization for a change of telecommunications carriers, neither the carrier, its agent, nor the independent thir…

38.5.3815 DEFINITIONS For the purpose of this subchapter, the following definitions are applicable: "Electronic signature" has the meaning as provided in 30-18-102 (8) , MCA. "Executing carrier" means generally any telecommunications carrier that effects a request that a subscrib…

38.5.3816 PREFERRED CARRIER FREEZE 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 p…

38.5.3817 SOLICITATION AND IMPOSITION OF PREFERRED CARRIER FREEZES All carrier-provided solicitation and other materials regarding preferred carrier freezes must include: an explanation, in clear and neutral language, of what a preferred carrier freeze is and what services may be…

38.5.3818 PROCEDURES FOR LIFTING PREFERRED CARRIER FREEZES 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 local exchange carrier administering a preferred car…

38.5.3819 SALE OR TRANSFER OF SUBSCRIBER BASES A carrier may acquire, through a sale or transfer, either part or all of another carrier's subscriber base without obtaining each subscriber's authorization and verification in accordance with ARM 38.5.3801, provided that the acquiri…

38.5.3901 CUSTOMER AUTHORIZATION REQUIRED PRIOR TO PLACEMENT OF CHARGES ON CUSTOMERS' TELEPHONE BILL A telecommunications carrier or other entity that is neither the customer's selected provider of local exchange service nor selected provider of interexchange service may not init…

38.5.3904 LETTER OF AGENCY FORM AND CONTENT 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 usin…

38.5.3907 COMPLAINTS OF UNAUTHORIZED CHARGES FOR PRODUCTS OR SERVICES BEING PLACED ON A CUSTOMER'S TELEPHONE BILL 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 th…

38.5.3910 TELECOMMUNICATIONS CARRIER OR OTHER ENTITY LIABILITY An entity that initiates a placement of a charge for a product or service on a customer's telephone bill in violation of these rules, or that cannot provide documentation that the billing for the product or service wa…

38.5.3913 CREDIT OR REFUND OF CHARGES A telecommunications carrier or other entity which initiates a placement of a charge for a product or service on the customer's telephone bill without authorization from the customer in accordance with these rules shall issue to the customer …

38.5.4001 SCOPE AND PURPOSE OF RULES This subchapter governs all hearings and other proceedings before the Montana public service commission which relate to agreements between carriers seeking to provide competitive local exchange services in Montana. This subchapter shall be con…

38.5.4002 TERMS AND DEFINITIONS Terms used in this subchapter have the following meanings: "Arbitrated agreement" means an agreement between telecommunications carriers for interconnection, services or network elements pursuant to the 1996 Act, which is reached through arbitratio…

38.5.4006 NEGOTIATION The commission encourages the voluntary negotiation of agreements for interconnection, services or network elements. In order to facilitate the streamlined processes mandated by the 1996 Act, negotiating parties should resolve as many terms and conditions in…

38.5.4009 MEDIATION Any party negotiating an agreement under section 252 of the 1996 Act may, at any point in the negotiation, ask the commission to participate in the negotiation and to mediate any differences arising in the course of the negotiation. Parties need not seek media…

38.5.401 DEFINITIONS For purposes of this subchapter "radio common carrier" means: any party providing or reselling communication services furnished through a general mobile radio base station, or a central office radio base station, between a radio subscriber station and a wire …

38.5.4012 PETITION FOR ARBITRATION OF OPEN ISSUES Any party to the negotiation of an interconnection agreement may, during the period from the 135th to the 160th day (inclusive) after the date on which a LEC receives a request for negotiation, petition the commission to arbitrate…

38.5.4013 OPPORTUNITY TO RESPOND TO PETITION A nonpetitioning party to a petition for arbitration shall file a response to the other party's petition and provide additional information within 25 days after the petition to arbitrate is filed. The response should identify informati…

38.5.4016 COMMISSION RESPONSIBILITY Upon receipt of a timely and complete petition for arbitration, the commission shall appoint an arbitrator pursuant to ARM 38.5.4017. It is the function of the commission to approve a resolution of the issues in dispute if the parties cannot re…

38.5.4017 APPOINTMENT OF ARBITRATOR Arbitrations will be conducted by arbitrators appointed by the commission. The commission may appoint a single commissioner, a commission staff member, an internal arbitration panel which may be comprised of the commission or an independent arb…

38.5.4018 AUTHORITY OF ARBITRATOR The arbitrator will exercise all authority reasonable and necessary for the conduct of the arbitration subject to the provisions of this subchapter, the commission's procedural order on arbitration, and other provisions of law. If the commission …

38.5.4019 PREHEARING CONFERENCES Within 10 days after the respondent files its response to the petition for arbitration, the arbitrator or hearings officer will hold a conference to discuss a procedural schedule for the proceeding that conforms to the deadlines set forth in secti…

38.5.402 PROCEDURE GOVERNED These rules (as well as the commission's procedural rules ARM Title 38, chapter 2) govern practice and procedure in rate cases involving radio common carriers before the public service commission of the state of Montana, in accordance with applicable l…

38.5.4020 OTHER RESPONSIBILITIES OF THE ARBITRATOR The arbitrator must limit the arbitration process to the resolution of issues raised by the negotiating parties in the petition and response. The arbitrator, in resolving these issues must ensure that their resolution meets the r…

38.5.403 LETTER OF TRANSMITTAL The letter of a radio common carrier transmitting a proposed new rate schedule to the commission shall: include a brief description of the proposed changes in service, rate, or charge; and name an employee of the carrier who shall be responsible for…

38.5.4030 INTERVENTION AND PARTICIPATION BY INTERESTED PARTIES The addition of other parties to an arbitration would jeopardize the commission's ability to complete the arbitration within the limited time frame imposed by the 1996 Act and ARM 38.5.4020 by lengthening the proceedi…

38.5.4033 PROPRIETARY INFORMATION Trade secret and proprietary information will be treated as provided for in the commission's rules of practice and procedure. The arbitrator or hearings officer may, at any time during the proceeding, enter a protective order to govern the treatm…

38.5.4036 CONSOLIDATION OF ARBITRATTON PROCEEDINGS The commission may, to the extent practical, consolidate multiple proceedings for rural telephone company exemptions, eligible telecommunications carrier designations, arbitrations, and removal of barriers to entry in order to re…

38.5.4039 ARBITRATION HEARING The arbitrator may require the parties to substitute closing arguments in lieu of post-hearing briefing. If briefs are submitted, the arbitrator may require filing of briefs as reasonable and necessary to allow for sufficient time to issue the recomm…

38.5.404 NOTICE Upon receipt of a properly completed application to alter the provisions of an existing rate schedule and letter of transmittal, the commission will publish this information in a notice of opportunity for public hearing. This notice shall also contain the followin…

38.5.4042 MOTIONS The filing of motions will not relieve a party of any requirements during the arbitration proceeding and must not delay the proceeding. The arbitrator will act promptly to consider all motions so as not to prejudice any party to the proceeding. Authorizing statu…

38.5.4048 ARBITRATOR'S DECISION Unless the commission is the arbitrator the arbitrator shall issue a recommended decision on all the issues submitted for arbitration no later than 30 days before the date established for the commission's final decision on arbitration. The arbitrat…

38.5.4051 OTHER DUTIES OF INCUMBENT LOCAL EXCHANGE CARRIERS Within 10 days after receiving a petition for arbitration, the incumbent LEC shall provide notification of the filing in writing to all other telecommunications carriers requesting interconnection, services or network el…

38.5.4054 APPROVAL OF NEGOTIATED AND ARBITRATED AGREEMENTS; PREEXISTING AGREEMENTS An interconnection agreement shall be submitted to the commission for approval under section 252 (e) of the 1996 Act after the issuance of the final arbitration order by the commission. The time fo…

38.5.4055 APPROVED AGREEMENTS The commission retains continuing jurisdiction and will maintain regulatory oversight of the approved interconnection agreements to the extent permitted by law. Authorizing statute(s): Sec. 69-3-103, MCA Implementing statute(s): Secs. 69-3-102 and 69…

38.5.4065 UNBUNDLING OF LOCAL EXCHANGE NETWORK ELEMENTS Each incumbent LEC and interconnecting facilities based new exchange carrier shall unbundle its local network elements. Network elements shall be unbundled at technically feasible points upon the bona fide request of a LEC. …

38.5.4068 EXEMPTIONS, SUSPENSIONS AND MODIFICATIONS FROM INTERCONNECTION REQUIREMENTS The incumbent LEC interconnection requirements in section 251(c) of the 1996 Act shall not apply to a rural LEC until: the rural LEC has received a bona fide request for interconnection, service…

38.5.4071 TELEPHONE NUMBER PORTABILITY All facilities-based LECs shall provide number portability so that end users may retain the same telephone number as they change from one service provider to another as long as they remain at the same location or if moving, retain the same N…

38.5.4074 MINIMUM SERVICE STANDARDS All regulated LECs shall comply with this commission's Telecommunication Service Standards, ARM 38.5.3301 through 38.5.3371, as these currently exist and as may be modified by this commission. Authorizing statute(s): Sec. 69-3-103, MCA Implemen…

38.5.4085 SEVERABILITY If any rule in this subchapter is held invalid or any part of any rule in this subchapter is held invalid, the remainder or its application to other situations or person(s) , shall not be affected. Authorizing statute(s): Sec. 69-3-103, MCA Implementing sta…

38.5.4101 SCOPE AND PURPOSE OF RULES This subchapter governs the implementation of intraLATA dialing parity in Montana. This subchapter shall be construed to secure the just, speedy and inexpensive determination of every action. All matters before the Montana public service commi…

38.5.4102 DEFINITIONS "Bona fide request," for purposes of this subchapter, is a written request submitted by a telecommunications carrier, other than the primary intraLATA toll carrier, to a local exchange carrier (LEC) for intraLATA equal access presubscription service in an ex…