Montana Code 2-17-603. Government competition with private internet services providers prohibited — exceptions
2-17-603. Government competition with private internet services providers prohibited — exceptions. (1) Except as provided in subsection (2)(a) or (2)(b), an agency or political subdivision of the state may not directly or through another agency or political subdivision be an internet services provider.
Terms Used In Montana Code 2-17-603
- Agency: has the meaning provided for in 2-15-102. See Montana Code 2-17-602
- Internet services provider: means a person or an entity that provides a service, available to the public, that enables the person's or entity's customers to access the internet, purchase internet server or file-hosting services, colocate internet equipment, or use data transmission over the internet for a fee. See Montana Code 2-17-602
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Political subdivision: has the meaning provided for in 2-9-101. See Montana Code 2-17-602
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(2)(a) An agency or political subdivision may act as an internet services provider if:
(i)no private internet services provider is available within the jurisdiction served by the agency or political subdivision; or
(ii)the agency or political subdivision provided services prior to July 1, 2001.
(b)An agency or political subdivision may act as an internet services provider when providing advanced services that are not otherwise available from a private internet services provider within the jurisdiction served by the agency or political subdivision.
(c)If a private internet services provider elects to provide internet services in a jurisdiction where an agency or political subdivision is providing internet services, the private internet services provider shall inform the agency or the political subdivision in writing at least 30 days in advance of offering internet services.
(3)Upon receiving notice pursuant to subsection (2)(c), the agency or political subdivision shall notify its subscribers within 30 days of the intent of the private internet services provider to begin providing internet services and may choose to discontinue providing internet services within 180 days of the notice.
(4)Nothing in this section may be construed to prohibit an agency or political subdivision from:
(a)offering [digital] government services to the general public;
(b)acquiring access to the internet from a private internet services provider in order to offer [digital] government services to the general public; or
(c)providing funding to private broadband service providers for broadband service infrastructure projects; or
(d)providing network infrastructure within the contiguous campus of the agency or political subdivision.