Montana Code 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.
Terms Used In Montana Code 69-3-815
- carrier: means any provider of telecommunications services. See Montana Code 69-3-803
- Commission: means the public service commission. See Montana Code 69-3-803
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Local telecommunications: means :
(a)telecommunications originating in a wireline local calling area, including extended area service areas, and terminating in the same wireline local calling area or extended area service area; or
(b)commercial mobile radio service that originates from or terminates to a commercial mobile radio service provider within the same major trading area as defined in 47 C. See Montana Code 69-3-803
- Nonlocal telecommunications: means :
(a)wireline telecommunications traffic carried by either an interlocal access transport area carrier or an intralocal access transport area toll provider that originates in one wireline local calling area and terminates in another wireline local calling area; or
(b)commercial mobile radio service that originates in a major trading area and terminates in a different major trading area as defined in 47 C. See Montana Code 69-3-803
- Originating carrier: means a telecommunications carrier from whose network a customer originates telecommunications traffic. See Montana Code 69-3-803
- Telecommunications: means the transmission, between or among points specified by the user, of information of the user's choosing without a change in the form or content of the information upon receipt. See Montana Code 69-3-803
- Terminating carrier: means a telecommunications carrier upon whose network telecommunications traffic terminates. See Montana Code 69-3-803
- Transit traffic: means telecommunications traffic that an originating carrier delivers to a transiting carrier or carriers for delivery to a terminating carrier. See Montana Code 69-3-803
- Transiting carrier: means a telecommunications carrier or carriers that transport transit traffic from an originating carrier to a terminating carrier and that do not originate or terminate telecommunications traffic. See Montana Code 69-3-803
(2)A provider of intralocal access transport area toll services or any other carrier that provides nonlocal telecommunications services in Montana shall transmit with its telecommunications traffic information necessary to enable the terminating carrier to identify, measure, and appropriately charge for the termination of the telecommunications traffic.
(3)A transiting carrier shall deliver telecommunications traffic to terminating carriers by means of facilities that enable the terminating carrier to receive from the originating carrier any and all information that the originating carrier transmits with its telecommunications traffic that enables the terminating carrier to identify, measure, and appropriately charge the originating carrier or the interlocal access transport area carrier or intralocal access transport area toll provider of nonlocal telecommunications traffic for the termination of its telecommunications traffic.
(4)A transiting carrier is required to provide billing records for its transit traffic to the terminating carrier upon request. The transiting carrier shall provide billing records pursuant to existing policies and agreements until the commission adopts rules pursuant to subsection (7).
(5)A local exchange carrier or commercial mobile radio services provider that delivers local telecommunications traffic to a terminating carrier, directly or indirectly through a transiting carrier, shall, upon request of the terminating carrier, negotiate an interconnection agreement with the terminating carrier, as provided in 69-3-831 through 69-3-839. The interconnection agreement must include rates, terms, and conditions for reciprocal compensation for the transport and termination of local telecommunications traffic.
(6)A telecommunications carrier registered to provide telecommunications services in Montana pursuant to 69-3-805 may file a complaint with the commission requesting enforcement of this section, including enforcement of an agreement approved by the commission under 69-3-839. Upon the filing of a complaint, the commission may authorize the terminating carrier to refuse to terminate traffic from the originating carrier or the commission may authorize interim payments. The commission may order compensation to the terminating carrier and may order other appropriate relief.
(7)The commission shall adopt rules for the implementation of this section. The rules must provide for the expedited resolution of complaints filed pertaining to the provisions of this section. The rules must identify what type of transit records are available and what the cost of the transit records should be and must determine which party is responsible for the payment of detailed call records to the transiting carrier.