Montana Code 69-3-804. Exemption for private telecommunications service
69-3-804. Exemption for private telecommunications service. 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, including the owners or shareholders of the entity owning or operating a private telecommunications service, uses the telecommunications service, whether for hire or not, the private telecommunications service is a regulated telecommunications service under this part. An occasional or accommodative use of a private telecommunication system by a third person is not a violation of this section.
Terms Used In Montana Code 69-3-804
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- person or entity: includes a corporation and all of its affiliates and subsidiaries if the corporation, affiliates, and subsidiaries have a common ownership or control of 80% of the outstanding voting shares. See Montana Code 69-3-803
- Private telecommunications service: means a system, including the construction, maintenance, or operation of the system, for the provision of telecommunications service or any portion of the service, by a person or entity for the sole and exclusive use of that person or entity and not for resale, directly or indirectly. See Montana Code 69-3-803
- Regulated telecommunications service: means two-way switched, voice-grade access and transport of communications originating and terminating in this state and nonvoice-grade access and transport if intended to be converted to or from voice-grade access and transport. 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