Montana Code 69-3-1303. Prohibition — exceptions
69-3-1303. Prohibition — exceptions. (1) A telecommunications carrier may not request a change in a customer‘s primary interexchange carrier or local exchange company unless:
Terms Used In Montana Code 69-3-1303
- carrier: means any provider of telecommunications services. See Montana Code 69-3-1302
- commission: means the public service commission provided for in 2-15-2602. See Montana Code 69-1-101
- Customer: means a person who has purchased telecommunications services from a telecommunications carrier or who has been billed charges on a telephone bill for the services or products of another entity. See Montana Code 69-3-1302
- Electronic signature: has the meaning as provided in 30-18-102. See Montana Code 69-3-1302
- Local exchange company: means a telecommunications company that provides telephone lines or wireless service to members of the general public who are its customers. See Montana Code 69-3-1302
- Primary interexchange carrier: means the telecommunications carrier from which a customer chooses to purchase long-distance services. See Montana Code 69-3-1302
(a)the requesting carrier has obtained the customer’s written or electronic signature on a form that contains clear and conspicuous disclosure of the customer’s request for a change in telecommunications carrier;
(b)the customer affected by the change initiates the contact with the carrier in order to request the change;
(c)the carrier who has initiated the change has obtained the customer’s verbal authorization as verified by an independent third party or by electronic means in accordance with rules prescribed by the commission; or
(d)the change in carrier is the result of a sale or transfer of a subscriber base from one carrier to another and the carrier that has acquired the subscriber base has notified the commission and customers affected by the change in accordance with rules prescribed by the commission.
(2)The documentation required in subsection (1):
(a)must include the written or electronic signature of the customer responsible for paying the charges on the account held by the telecommunications carrier; and
(b)may not be a part of any sweepstakes, contest, or similar promotional program.