HB 45: Generally revising telecommunications regulation laws - Montana

HB0045_2(11).pdf → HB0045_X.pdf · 5 edits

MODERATE

This bill revises Montana's telecommunications regulation laws, eliminating public service commission rate regulation and repealing the Montana State Universal Fund. It also repeals the Performance Assurance Plan State Account and its associated statutory appropriation. The bill adds exemptions for internet protocol-enabled services and amends multiple sections of the Montana Code Annotated related to telecommunications regulation.

Scope change

The bill significantly narrows the scope of telecommunications regulation by eliminating rate regulation and repealing several funds and accounts previously used for universal service support and performance assurance.

FISCAL

Eliminated the Montana State Universal Fund and repealed the Performance Assurance Plan State Account and its associated statutory appropriation

REQUIREMENT

Eliminated public service commission rate regulation for telecommunications services

DEFINITION

Added exemptions for internet protocol-enabled services from certain telecommunications regulations

Amended definitions in multiple MCA sections including telecommunications service definitions, customer definitions, and reseller definitions

TIMELINE

Provided an immediate effective date for the changes

HB0045_1(9).pdf → HB0045_2.pdf · 3 edits

MINOR

The bill was amended to change its title and scope from repealing a performance assurance plan to exempting Internet Protocol-enabled services from certain regulations. This represents a significant policy shift from removing a regulatory framework to creating an exemption for modern internet-based telecommunications services.

Scope change

The bill's scope changed from repealing the Performance Assurance Plan and associated statutory appropriation to exempting Internet Protocol-enabled services from specific regulatory requirements.

SCOPE

Changed the bill's primary purpose from repealing the Performance Assurance Plan to exempting Internet Protocol-enabled services from regulatory requirements.

ELIGIBILITY

Added specific exemption for Internet Protocol-enabled services, expanding the types of telecommunications services covered by the bill.

TECHNICAL

Updated bill numbering from HB 45.1 to HB0045.2 and adjusted formatting of the legislative session header.

HB0045.001.003_combo_final-condensed.pdf → HB0045_1(6).pdf · 12 edits

MAJOR

The bill was amended to update its title and scope, adding new definitions for mobile telecommunications services and resellers while removing references to repealing certain sections. The changes clarify what constitutes regulated versus unregulated services and expand the definitions to better align with modern telecommunications practices.

Scope change

The bill's scope expanded to explicitly include mobile telecommunications services and resellers in its regulatory framework, while removing provisions related to repealing specific sections of the Montana Code Annotated.

SCOPE

Changed the bill title from repealing the Performance Assurance Plan Account to amending specific sections of the Montana Code Annotated, indicating a shift from repeal to amendment.

DEFINITION

Added new definitions for 'Customer' and 'purchaser' to clarify who is subject to regulation, specifically excluding resellers and serving carriers outside licensed service areas.

Added new definition for 'Home service provider' to identify the facilities-based carrier or reseller that customers contract with for mobile telecommunications services.

Added new definition for 'Mobile telecommunications services' to include commercial mobile radio service as defined in federal regulations.

Added new definition for 'Place of primary use' to specify the residential or business street address where customers primarily use telecommunications services.

Added new definition for 'Postpaid calling basis' to describe payment methods including card payments and charges to non-associated telephone numbers.

Added new definition for 'Private communications service' to define exclusive or priority use of communication channels.

Added new definition for 'Reseller' to include providers who purchase mobile telecommunications services and resell, use as components, or integrate them into mobile services.

Added new definition for 'Retail telecommunications' to cover two-way transmission of voice, image, data, or information over various facilities charged to Montana service addresses.

Added new definition for 'Sales price' to specify consideration paid for retail telecommunications services to end-user customers.

Added new definition for 'Sales price' to exclude taxes, fees, finance charges, and other specific charges from the definition of sales price.

REQUIREMENT

Removed references to repealing sections 69-3-808, 69-3-809, 69-3-810, 69-3-821, 69-3-841, 69-3-842, 69-3-843, 69-3-844, 69-3-845, 69-3-846, 69-3-870, 69-3-901, 69-3-902, 69-3-903, 69-3-904, 69-3-906, 69-3-907, and 69-3-910 from the bill's scope.

HB0045_1(5).pdf → HB0045.001.003_combo_final-condensed.pdf · 5 edits

MODERATE

This bill amends Montana's telecommunications regulations by exempting Internet Protocol-enabled services (like VoIP and broadband) from state regulation, while maintaining oversight of traditional retail telecommunications services. The changes clarify definitions for regulated services and establish exemptions for providers of internet protocol services from certain regulatory requirements.

Scope change

The bill's scope was narrowed by explicitly exempting internet protocol-enabled services from regulation under the title, while retaining regulation of traditional telecommunications services.

SCOPE

Added new section exempting internet protocol-enabled services from state regulation, including broadband and VoIP services.

DEFINITION

Modified definitions of 'Customer', 'Retail telecommunications', and 'Sales price' to clarify applicability to different service types.

Removed definitions related to 'Customer', 'Home service provider', and 'Mobile telecommunications services' that were specific to legacy mobile service frameworks.

REQUIREMENT

Added new requirements for providers to disclose ownership structure, penalties, and universal service fund contributions.

ENFORCEMENT

Modified enforcement provisions to exclude internet protocol-enabled services from rate and entry regulation.

LC0246.pdf → HB0045_1.pdf · 2 edits

MINOR

The bill number was changed from LC 0246 to HB 45, indicating a shift from a committee bill to a formally introduced House bill. A new provision was added to the list of allowable charges, expanding what providers can bill customers for equipment installation, repair, inspection, or servicing.

Scope change

The bill's scope was expanded to include additional billable charges related to equipment maintenance and installation.

TECHNICAL

Bill number changed from LC 0246 to HB 45, reflecting formal introduction in the House.

REQUIREMENT

Added a new subsection (vii) allowing charges for installation, repair, inspection, or servicing of equipment and wiring located on customer premises.

Generally revising telecommunications regulation laws

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