69-3-848. Pricing of individual network elements. (1) Except as provided in subsection (4), if the commission is requested by a telecommunications carrier to establish the prices of the individual network elements used to provide telecommunications services, the commission shall set those prices at a just and reasonable level sufficient to recover the actual cost of providing those elements, including:

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Terms Used In Montana Code 69-3-848

  • Amortization: Paying off a loan by regular installments.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Eligible telecommunications carrier: means a telecommunications provider designated by the commission under 69-3-840. 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

(a)a reasonable share of the joint and common costs so that the telecommunications carrier has a reasonable opportunity to recover these costs;

(b)depreciation costs that are based upon forward-looking asset lives consistent with asset lives of other telecommunications carriers and that reflect an amortization of any underdepreciated investment;

(c)a reasonable share of the costs associated with fill factors, recognizing spare capacity required to fulfill eligible telecommunications carrier responsibilities; and

(d)a fair return on investments.

(2)The actual cost of providing the elements included in subsections (1)(a) through (1)(d) must be determined without reference to a rate-of-return or other rate-based proceeding.

(3)If a telecommunications carrier uses average prices for services to end users without regard to the customer’s location, the commission shall similarly establish an average cost and wholesale price for each individual network element sold to other telecommunications carriers. The commission may depart from average pricing for network elements only to the extent that the retail prices to end users of a telecommunications carrier have departed from average pricing.

(4)This section does not apply to the prices, terms, and conditions of a final or interim arbitrated interconnection agreement, arbitration decision, or appeal from an agreement or decision if the request for arbitration was filed on or before March 1, 1997.