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:
(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.
History: En. Sec. 3, Ch. 325, L. 1997; amd. Sec. 2, Ch. 244, L. 1999; amd. Sec. 2, Ch. 150, L. 2003; amd. Sec. 3, Ch. 249, L. 2003.
Structure Montana Code Annotated
Title 69. Public Utilities and Carriers
Chapter 3. Regulation of Utilities
Part 13. Change in Customer's Telecommunications Carrier
69-3-1303. Prohibition -- exceptions
69-3-1304. Rulemaking authority
69-3-1305. Unauthorized change in telecommunications carrier -- liability -- penalty for violation
69-3-1306. and 69-3-1307 reserved
69-3-1308. Prohibitions on charges on bill -- exceptions
69-3-1309. Liability for unauthorized charges on telephone bill -- penalty for violation
69-3-1310. Misrepresentation concerning product or service -- violations -- complaints
69-3-1311. Registration requirements -- prohibitions -- revocation
69-3-1312. through 69-3-1314 reserved
69-3-1315. Submission of list of entities served by billing aggregator required