Title 69, Title 69

The commission or any party to any proceeding before it may cause the depositions of witnesses to be taken in the manner prescribed by law for like depositions in civil actions.

(1) A person may not be excused from testifying or from producing books and papers in any proceedings based upon or growing out of any alleged violation of the provisions of this chapter on the ground of or for the reason that the testimony or evidence, documentary or otherwise, …

(1) If, upon a hearing and due investigation, the rates, tolls, charges, schedules, or joint rates are found to be unjust, unreasonable, or unjustly discriminatory or to be preferential or otherwise in violation of the provisions of this chapter, the commission may fix and order …

(1) If the commission approves a cost-tracking adjustment for electricity supply costs for a public utility regulated in accordance with chapter 8 or under this chapter, the cost-tracking adjustment must provide for: (a) 90% customer and 10% shareholder sharing of costs, if cost …

(1) The commission may not establish a rate classification for digital asset mining, digital asset mining businesses, or home digital asset mining that creates unduly discriminatory rates. (2) For the purposes of this section, the following definitions apply: (a) "Data center" me…

(1) Whenever a public utility furnishing electric or gas service in the state has revenue derived from sources in Montana which exceeds $5 million or 5% of its gross revenue, the utility's right to issue, assume, or guarantee securities and to create liens on its property in the …

Such public utility shall, by written petition, filed with the commission and setting forth the pertinent facts involved, make application to the commission for an order authorizing the proposed issue, assumption, or guarantee of securities and the application of the proceeds the…

All applications to the commission hereunder shall be disposed of promptly and in any event within 30 days after petition is filed with the commission unless, for good cause, it is necessary to continue consideration thereof for a longer period. Whenever such application is conti…

After such hearing and upon such notice as the commission may prescribe, the commission shall enter its written order approving the petition and authorizing the proposed securities transactions unless the commission shall find that: (1) such transactions are inconsistent with the…

Such public utility may issue notes or drafts maturing not more than 1 year after the date of such issue, renewal, or assumption of liability and aggregating, together with all other then outstanding notes and drafts of a maturity of 1 year or less on which such public utility is…

Except as provided in 69-3-505, all securities issued, assumed, or guaranteed after July 1, 1961, without approval by the commission as provided herein shall be void.

No provision of this part or any act or deed done or performed in connection therewith shall be construed to obligate the state to pay or guarantee in any manner whatsoever any security authorized, issued, assumed, or guaranteed under the provisions of this part.

(Temporary) Definitions. As used in this part, the following definitions apply: (1) "Commission" means the Montana public service commission. (2) "Electric cooperative" means a rural electric cooperative organized under the laws of Montana, or a foreign corporation admitted to do…

(Temporary) Generation and sale of electricity by qualifying small power production facility. (1) A qualifying small power production facility may generate electricity from the sources described in 69-3-601(3)(a) and (3)(b) and may contract for the sale of that electricity with a…

(Temporary) Required sale of electricity under rates and conditions prescribed by commission. (1) Except as provided in subsection (3), if a qualifying small power production facility and a utility are unable to mutually agree to a contract for the sale of electricity or a price …

(Temporary) Standards for determination of rates and conditions. (1) The commission shall determine the rates and conditions of the contract for the sale of electricity by a qualifying small power production facility according to the standards in subsections (2) through (6). (2) …

As used in this part, the following definitions apply: (1) "Commission" means the Montana public service commission created in 2-15-2602. (2) "Conservation" means any reduction in electric power or natural gas consumption as a result of investment in measures that increase the ef…

Conservation purchases or investments are eligible under this part if they are provided for in 69-3-1206 and in accordance with 69-3-714 or 69-3-1209.

(1) A utility may: (a) purchase conservation from a person or private firm; or (b) directly engage in conservation investments. (2) The conservation purchases or investments provided for in subsection (1) are subject to approval by the commission. (3) Cost-effective conservation …

(1) The commission shall approve cost-effectiveness criteria for conservation that may be placed into a utility's rate base under this part and demand-side management programs in accordance with 69-3-1201 through 69-3-1209. (2) The commission may conduct onsite energy audits to e…

(1) In order to encourage the purchase of or investment in conservation by a utility, the commission may include conservation purchases or investments and demand-side management programs eligible under 69-3-702 and in compliance with criteria adopted under 69-3-711 and 69-3-1201 …

(1) The commission may approve cost-effectiveness criteria for advanced conductor projects that may be placed into a utility's rate base under this part. (2) Criteria must be based on established direct current resistance at standard pressure and a temperature of 20 degrees Celsi…

This part may be cited as the "Montana Telecommunications Act".

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 t…

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…

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…

(1) Before any person or entity provides telecommunications [services] within the state of Montana, it shall file a notice with the commission. (2) The provider shall file with the commission a report of any judgment, penalty, or sanction entered in any other jurisdiction that co…

(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 rel…

(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 terminati…

The commission may adopt rules to implement this part.

Nothing in this part affects the exemption from regulation provided by 35-18-104.

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.

(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 p…

(1) (a) A party that petitions the commission for an expedited complaint proceeding shall file with the commission, at the same time as it submits the petition, the following: (i) a statement that the petitioner has attempted in good faith to resolve the petitioner's disagreement…

Sections 69-3-832 through 69-3-849 and this section do not grant any jurisdiction to the commission over telecommunications carriers except as expressly set forth in 69-3-832 through 69-3-849 and this section, and 69-3-832 through 69-3-849 and this section may not be construed to…

In addition to the authority granted to the commission in 69-3-102 to supervise and regulate public utilities, the commission has authority, for the purposes of implementing 69-3-829 through 69-3-839, over all telecommunications carriers.

The commission may adopt rules of procedure to implement 69-3-836 through 69-3-840.

(1) The purpose of this section is to implement specific provisions of the federal Telecommunications Act of 1996, Public Law 104-104. (2) (a) Each telecommunications carrier shall perform the duties enumerated in 47 U.S.C. 251(a). (b) Each local exchange carrier shall perform th…

Upon receiving a request for interconnection, services, or network elements pursuant to 69-3-834, an incumbent local exchange carrier may negotiate and enter into a binding agreement with the requesting telecommunications carrier without regard to the duties set forth in 69-3-834…

Upon the written request of any party negotiating an agreement for interconnection with another telecommunications carrier, the commission may designate a mediator, who may be a commission member, to mediate any differences arising in the course of the negotiation.

(1) The commission has the authority to arbitrate any open interconnection issues pursuant to 47 U.S.C. 252(b), as it existed on February 8, 1996, according to the duties in subsections (3) through (14) of this section. Except as expressly provided in this section, the provisions…

(1) If the commission has not approved or rejected in its entirety an agreement adopted by arbitration under 69-3-837(12) within 30 days of submission by the parties, the agreement is considered approved. (2) The commission may reject the agreement only if the commission finds th…

(1) Within 90 days of filing of an interconnection agreement adopted by negotiation of the parties to an agreement, the commission shall approve or reject the agreement, or the agreement is considered approved. (2) The commission may reject an agreement filed under this section o…

(1) The commission is authorized to designate telecommunications carriers as eligible for federal universal service support, in accordance with 47 U.S.C. 214(e)(1) and 47 U.S.C. 254, and for any Montana universal service funds. This authorization applies to all telecommunications…

(1) Except as provided in subsection (2), if the commission is requested by a telecommunications carrier to establish wholesale prices for services provided by a telecommunications carrier, the commission may not establish a wholesale price using a default proxy discount value to…

(1) Except as provided in subsection (4), if the commission is requested by a telecommunications carrier to establish the prices of the individual network elements used to provide telecommunications services, the commission shall set those prices at a just and reasonable level su…