Montana Code 69-3-807. Regulation of rates and charges
69-3-807. Regulation of rates and charges. (1) The commission may establish specific rates, tariffs, or fares for the provision of regulated telecommunications service to the public. The rates, tariffs, or fares must be just, reasonable, and nondiscriminatory.
Terms Used In Montana Code 69-3-807
- 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
- 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
- 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
- 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
(2)Alternatively, the commission may authorize the provision of regulated telecommunications service under terms and conditions that best serve the declared policy of this state. For a service detariffed under this subsection, the provider shall maintain a current price list on file with the commission and shall provide notice of changes in the price list as prescribed by the commission. The commission is not required to fix and determine specific rates, tariffs, or fares for the service and in the alternative may:
(a)totally detariff the service;
(b)detariff rates for the service but retain tariffs for service standards and requirements;
(c)establish only maximum rates, only minimum rates, or permissible price ranges as long as the minimum rate is cost compensatory; or
(d)provide other rate or service regulation as will promote the purposes of this part.
(3)Except as provided in subsection (4), in determining applications under subsection (2), the commission shall consider the following factors:
(a)the number, size, and distribution of alternative providers of service;
(b)the extent to which services are available from alternative providers in the relevant market;
(c)the ability of alternative providers to make functionally equivalent or substitute services readily available;
(d)the overall impact of the proposed terms and conditions on the continued availability of existing services at just and reasonable rates; and
(e)other factors that the commission may prescribe through rulemaking that are appropriate to fulfill the purposes of this part.
(4)Notwithstanding the provisions of subsection (3), the commission may exercise its power under subsection (2)(c) with respect to any services of a telecommunications provider if the commission finds that action consistent with the provisions of 69-3-802 and with the public interest. Noncompetitive local exchange access to end users and carrier access services may not be detariffed.
(5)A provider of regulated message telecommunications service and related services shall average its service rates on its routes of similar distance within the state unless otherwise authorized by the commission. This subsection may not be construed to prohibit volume discounts, discounts in promotional offerings, or other discounts as long as the discounts are not offered in a discriminatory manner.