§ 69-3-1305 — Unauthorized Change In Telecommunications Carrier -- Liability -- Penalty For Violation

69-3-1305 . Unauthorized change in telecommunications carrier -- liability -- penalty for violation. (1) A telecommunications carrier who initiates an unauthorized change in the customer's telecommunications carrier in violation of 69-3-1303 is liable:
(a) to the customer for all intrastate long-distance charges, interstate long-distance charges, monthly service charges, carrier switching fees, and other relevant charges incurred by the customer during the period of the unauthorized change; and
(b) to the customer's original telecommunications carrier for all charges related to reinstating service to the customer.
(2) A telecommunications carrier or any other entity who purposely or knowingly initiates an unauthorized change of a customer's telecommunications carrier under 69-3-1303 or this section is guilty of a misdemeanor and upon conviction shall be punished as provided in 46-18-212 .
(3) (a) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that any entity has initiated an unauthorized change of a customer's telecommunications carrier, the commission may impose for each change made in violation of 69-3-1303 a civil fine not to exceed $1,000 for each violation, which must be deposited in the general fund.
(b) If, after a hearing held pursuant to the Montana Administrative Procedure Act, the commission finds that an entity has, with a frequency to indicate a general business practice, initiated unauthorized changes of customers' telecommunications carriers, the commission may take any of the following actions:
(i) notify the secretary of state, who shall then suspend or revoke any license, registration, or other filing entitling that entity to transact business in this state;
(ii) prohibit any billing aggregator from billing charges on behalf of the carrier or other entity determined to have engaged in a pattern of violations;
(iii) prohibit a billing agent that bills directly for the carrier or other entity determined to have engaged in a pattern of violations from billing charges on behalf of that carrier or other entity;
(iv) revoke the registration of a service provider or billing aggregator; or
(v) limit the prohibitions under this subsection (3)(b) to a specific period of time. A prohibition under this subsection (3)(b) may be withdrawn upon a showing of good cause.
(4) The commission shall provide adequate time for a billing agent that is prohibited from billing on behalf of a carrier or other entity under this section to terminate a contractual agreement with that carrier or other entity.
(5) The remedies provided by this section are in addition to any other remedies, including injunctive relief, available by law.

Legislative History

En. Sec. 5, Ch. 325, L. 1997; amd. Sec. 3, Ch. 244, L. 1999; amd. Sec. 4, Ch. 249, L. 2003.