Montana Code 69-3-225. Overbilling of regulated telecommunications tariff charges — statute of limitations for recovery
69-3-225. Overbilling of regulated telecommunications tariff charges — statute of limitations for recovery. (1) A person or entity alleging overbilling of tariffed telecommunications charges by a regulated telecommunications company shall file the action before the commission or a court of competent jurisdiction within 2 years of the date of overbilling.
Terms Used In Montana Code 69-3-225
- commission: means the public service commission provided for in 2-15-2602. See Montana Code 69-1-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(2)This section is intended to be consistent with limitations on actions as provided in 47 U.S.C. § 415.
(3)For purposes of this section, the following definitions apply:
(a)”Overbilling” means presenting a bill to a customer of a regulated telecommunications company that includes charges that overstate the amount owed by the customer pursuant to the tariff for the service as approved by and on file with the commission.
(b)”Regulated telecommunications company” means all public utility companies that are regulated pursuant to 69-3-101(1)(f), Title 69, chapter 3, part 8, and 69-3-803(10).
(c)”Tariffed telecommunications charges” means all charges and fees for regulated services billed by a regulated telecommunications company as authorized by a tariff that has been approved by and filed with the commission.