Montana Administrative Register Notice 42-2-779 No. 20   10/25/2007    
    Page No.: 1655 -- 1656
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In the matter of the proposed amendment of 42.31.501 relating to telecommunications license and telecommunication excise tax

TO: All Concerned Persons


1. On November 14, 2007, at 1:00 p.m., a public hearing will be held in the 4 East Conference Room of the Sam W. Mitchell Building, at Helena, Montana, to consider the amendment of the above-stated rule.

Individuals planning to attend the hearing shall enter the building through the east doors of the Sam W. Mitchell Building, 125 North Roberts, Helena, Montana.


2. The Department of Revenue will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Revenue no later than 5:00 p.m., November 5, 2007, to advise us of the nature of the accommodation that you need. Please contact Cleo Anderson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-5828; fax (406) 444-3696; or e-mail canderson@mt.gov.


3. The rule proposed to be amended provides as follows, stricken matter interlined, new matter underlined:


42.31.501 DEFINITIONS The following definitions apply to terms used in this subchapter:

(1) remains the same.

(2) "Lifted" means that the 110th Congress of the United States adjourns without reauthorizing the internet moratorium.

(2) through (4) remain the same but are renumbered (3) through (5).

(5) (6) "Two-way transmission" for telecommunications excise tax purposes, means all forms of telecommunications except those forms of telecommunications that are only capable of one-way transmission and are not related services as defined in (2) (3).


AUTH: 15-53-155, MCA

IMP: 15-53-129, MCA


REASONABLE NECESSITY: The department is proposing to amend ARM 42.31.501 because the 110th United States Congress is considering a retroactive extension of the internet moratorium to November 1, 2007. Administratively it is not wise for the department to use resources to collect a tax that may simply need to be refunded at a later date. Further, Montana recognizes this fact and will defer to the deliberations of the 110th Congress.


4. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to: Cleo Anderson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-5828; fax (406) 444-3696; or e-mail canderson@mt.gov and must be received no later than November 26, 2007.


5. Cleo Anderson, Department of Revenue, Director's Office, has been designated to preside over and conduct the hearing.


6. An electronic copy of this Notice of Public Hearing is available through the department's site on the World Wide Web at www.mt.gov/revenue, under "for your reference"; "DOR administrative rules"; and "upcoming events and proposed rule changes." The department strives to make the electronic copy of this Notice of Public Hearing conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


7. The Department of Revenue maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request, which includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding particular subject matter or matters. Such written request may be mailed or delivered to the person in 4 above or faxed to the office at (406) 444-3696, or may be made by completing a request form at any rules hearing held by the Department of Revenue.


8. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.



/s/ Cleo Anderson                                                          /s/ Dan R. Bucks

CLEO ANDERSON                                                      DAN R. BUCKS

Rule Reviewer                                                                Director of Revenue


Certified to Secretary of State October 15, 2007

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