69-3-841. Universal service policies. The legislature finds that universally available telecommunications services are essential to the health, welfare, and economic well-being of the citizens of Montana. The federal Telecommunications Act of 1996, Public Law 104-104, requires a transition to local competition. Implicit subsidies have historically been used to further the public policy of keeping local rates to customers in high-cost areas at affordable levels. The federal act and the transition to competition require that all subsidies used to keep local rates at affordable levels be explicit. Additionally, the federal act's universal service provisions establish a system of discounts for schools, libraries, and health care providers. Securing these discounts can be dependent on state actions. In order to preserve and advance the goal of universal service in the new competitive environment established by the federal act, the legislature finds that a new Montana universal service fund, supported by contributions from the telecommunications carriers operating in Montana, should be created that will:
(1) not duplicate the federal universal service fund mandated by the Telecommunications Act of 1996 but that will complement the federal fund by providing additional funding as necessary to ensure universal service in the state of Montana;
(2) be competitively and technologically neutral in both funding and distribution;
(3) provide a specific, predictable, and sufficient mechanism of support for high-cost areas; and
(4) allow for implementation of the federal support system for telecommunications services provided to schools, libraries, and health care providers.
History: En. Sec. 11, Ch. 349, L. 1997.
Structure Montana Code Annotated
Title 69. Public Utilities and Carriers
Chapter 3. Regulation of Utilities
Part 8. Montana Telecommunications Act
69-3-804. Exemption for private telecommunications service
69-3-805. Registration of telecommunications providers
69-3-806. Prohibition against cross-subsidization
69-3-807. Regulation of rates and charges
69-3-808. Forbearance of rate regulation to facilitate competition
69-3-809. Alternative forms of regulation
69-3-810. New service -- withdrawal of services
69-3-811. Costs for services provided -- jurisdiction over complaints
69-3-812. through 69-3-814 reserved
69-3-816. through 69-3-820 reserved
69-3-821. Examination of books and records
69-3-822. Rulemaking authority
69-3-824. No preemption of laws governing anticompetitive activity
69-3-825. through 69-3-828 reserved
69-3-829. Expedited complaint proceeding -- commission authority
69-3-830. Expedited complaint proceeding -- procedure
69-3-831. Interconnection -- construction and effect
69-3-832. Interconnection -- jurisdiction
69-3-833. Rulemaking authority
69-3-834. Duty to interconnect
69-3-835. Voluntary negotiation of interconnection agreements
69-3-836. Mediation of interconnection agreements
69-3-837. Arbitration of interconnection issues
69-3-838. Approval of arbitration decision
69-3-839. Approval of interconnection agreements
69-3-840. Determination of eligible carrier status -- universal service support
69-3-841. Universal service policies
69-3-842. Universal service fund established -- purpose
69-3-843. Fund administrator -- commission rulemaking authority
69-3-844. Contributions to fund
69-3-845. Payments from fund -- costs
69-3-846. Discounts for schools, libraries, and health care providers
69-3-847. Wholesale pricing standards
69-3-848. Pricing of individual network elements
69-3-849. Prohibited subsidies
69-3-850. through 69-3-855 reserved
69-3-863. through 69-3-869 reserved
69-3-870. Performance assurance state special revenue account -- statutory appropriation