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38.5.3401    DEFINITIONS

(1) The provisions of this subchapter shall apply to all operator service providers which provide intrastate "regulated telecommunications services" in Montana as defined in the Montana Telecommunications Act, 69-3-801 , et seq., MCA. Operator service providers must comply with all provisions of these rules on all intrastate telephone calls. Federal laws are applicable to interstate calls.

(2) Except as context may otherwise demand, terms used in these rules have the following meanings:

(a) "Call blocking" means prohibiting or restricting a consumer's access to a carrier which offers service in the same local exchange area by means of equal access or an access code, including but not limited to 1-800, 950-XXXX, and 10-10XXX-0+ dialing sequences.

(b) "Call splashing" means the transfer of a telephone call from an operator service provider to another operator service provider or carrier in such a manner that the subsequent provider or carrier is unable or unwilling to determine the location of the origination of the call and, because of such inability or unwillingness is prevented from billing the call on the basis of such location.

(c) "Inmate operator service provider" means a carrier or operator service provider that provides regulated telecommunications services for the use of inmates in correctional facilities.

(d) "Operator service provider" means any person, company, or entity that provides automated or live assistance to a customer to arrange for billing or completion, or both, of an intrastate telephone call through a method other than:

(i) automatic completion with billing to the telephone from which the call originated; or

(ii) completion through an access code used by the customer, with billing to an account previously established with a telecommunications carrier by the customer.

History: 69-3-103, 69-3-822 and 69-3-1103, MCA; IMP, 69-3-102, 69-3-201, 69-3-802, 69-3-1102 and 69-3-1103, MCA; NEW, 1993 MAR p. 1336, Eff. 6/25/93; AMD, 1999 MAR p. 2081, Eff. 9/24/99.

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