Montana Code 69-3-834. Duty to interconnect
69-3-834. Duty to interconnect. (1) The purpose of this section is to implement specific provisions of the federal Telecommunications Act of 1996, Public Law 104-104.
Terms Used In Montana Code 69-3-834
- 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
- Incumbent local exchange carrier: means , with respect to an area, the local exchange carrier that:
(a)on February 8, 1996, provided telephone exchange service in the area; and
(b)on February 8, 1996, was considered to be a member of the exchange carrier association pursuant to 47 C. See Montana Code 69-3-803
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Rural telephone company: means a local exchange carrier operating entity to the extent that the entity:
(a)provides common carrier service to any local exchange carrier study area that does not include either:
(i)all or any part of an incorporated place of 10,000 inhabitants or more based on the most recently available population statistics of the United States bureau of the census; or
(ii)any territory, incorporated or unincorporated, included in an urbanized area, as defined by the United States bureau of the census as of August 10, 1993;
(b)provides telephone exchange service, including exchange access, to fewer than 50,000 access lines;
(c)provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or
(d)has less than 15% of its access lines in communities of more than 50,000 on February 8, 1996. 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
(2)(a) Each telecommunications carrier shall perform the duties enumerated in 47 U.S.C. § 251(a).
(b)Each local exchange carrier shall perform the duties enumerated in 47 U.S.C. § 251(b).
(c)In addition to the duties provided for in subsection (2)(b), each incumbent local exchange carrier shall perform the duties enumerated in 47 U.S.C. § 251(c).
(3)(a) Except under the circumstances set forth in subsection (4), the provisions of subsection (2)(c) do not apply to a rural telephone company until:
(i)the company has received a bona fide request for interconnection, services, or network elements; and
(ii)the commission determines under subsection (3)(b) that the request is not unduly economically burdensome, is technically feasible, and is consistent with 47 U.S.C. § 254 (other than 47 U.S.C. § 254(b)(7) and (c)(1)(D)).
(b)The party making a bona fide request of a rural telephone company for interconnection, services, or network elements shall submit a notice of its request to the commission. The commission shall conduct an inquiry for the purpose of determining whether to terminate the exemption provided by subsection (3)(a). Within 120 days after the commission receives notice of the request, the commission shall terminate the exemption if the request is not unduly economically burdensome, is technically feasible, and is consistent with 47 U.S.C. § 254 (other than 47 U.S.C. § 254(b)(7) and (c)(1)(D)). Upon termination of the exemption, the commission shall establish an implementation schedule for compliance with the request that is consistent in time and manner with the federal communications commission’s regulations.
(4)The exemption provided by subsection (3)(a) does not apply with respect to a request from a cable operator providing video programming and seeking to provide any telecommunications service in the area in which the rural telephone company was providing video programming on February 8, 1996.
(5)(a) A local exchange carrier with fewer than 2% of the nation’s subscriber lines, installed in the aggregate nationwide, may petition the commission for a suspension or modification of the application of a requirement of subsection (2)(b) or (2)(c) to telephone exchange service facilities specified in the petition. The commission shall grant the petition for the suspension or modification to the extent and for the duration that the commission determines:
(i)is necessary:
(A)to avoid a significant adverse economic impact on users of telecommunications services generally;
(B)to avoid imposing a requirement that is unduly economically burdensome; or
(C)to avoid imposing a requirement that is technically infeasible; and
(ii)is consistent with the public interest, convenience, and necessity.
(b)The commission shall act upon any petition filed under subsection (5)(a) within 180 days after receiving the petition. Pending action, the commission may suspend enforcement of the requirement to which the petition applies with respect to the petitioning carrier.