37.36.201    ASSESSMENT

(1) A fee of ten cents per month shall be assessed on each end user connection provided and billed and against any prepaid options by a service provider.

(a) A service provider that periodically bills subscribers for services shall bill subscribers for the fee.

(b) In the case of subscribers who are not billed periodically, including but not limited to subscribers who purchase prepaid wireless telecommunication services for a flat fee, the service provider shall collect the fee using one of the following methods:

(i) by including in the price of the service a fee of ten cents for each 30-day period during which the subscriber is authorized to use the services;

(ii) by collecting the fee on a monthly basis from each subscriber whose account balance is equal to or greater than the fee; or

(iii) by collecting the fee of ten cents per month times the number of prepaid subscribers. The service provider shall calculate the number of prepaid subscribers by dividing total intrastate monthly revenue by the average revenue for each prepaid subscriber of the wireless industry.

(2) Subscribers are not required to pay the assessment in the month they first receive access to the telecommunications network but must pay the assessment in the month their access terminates

History: 53-19-305, 53-19-307, MCA; IMP, 53-19-311, MCA; NEW, 1997 MAR p. 505, Eff. 3/11/97; TRANS, from SRS, 1998 MAR p. 2064; AMD, 2009 MAR p. 1672, Eff. 9/25/09.