38.5.4202 REGISTRATION PROCEDURES FOR SERVICE PROVIDERS AND BILLING AGGREGATORS
(1) Billing aggregators and service providers must register on a form provided by
the commission that is notarized and signed by two officers of the applicant. A
copy of the application form is available from the commission or on the
commission's internet website.
(2) Each
applicant must file an original application, two paper copies and a copy in an
electronic format specified by the commission.
(3) The
applicant shall inform the commission of any change in the information provided
in the application during the pendency of the application.
(4) When
correspondence sent by the commission to a registered billing aggregator or
service provider by mail or electronic mail to the mailing and electronic
mailing addresses provided by the registrant is returned as undeliverable, the
registrant will be removed from the list of registered providers and will no
longer be registered. The commission will notify all registered billing
aggregators and telecommunications carriers of the removal of the billing
aggregator's or service provider's registration within two business days of the
removal.
(5) The
commission may reject a registration request if the commission finds that:
(a) the
application is incomplete and the applicant does not take reasonable steps to
provide the missing information; or
(b) the
applicant has knowingly misrepresented or omitted a material fact on the
application.
(6) After
notice and an opportunity for a hearing, the commission may revoke a
registration in accordance with this rule.
(7) The
commission may revoke the registration of a service provider who has:
(a) knowingly
or repeatedly billed one or more customers for unauthorized service, provided
that for the purposes of these rules, a service provider knowingly billed for
unauthorized charges if it cannot verify the customer's authorization for such
charges, pursuant to these rules; or
(b) engaged
in any other false or deceptive billing practices.
(8) The
commission may revoke the registration of a billing aggregator who has:
(a) knowingly
or repeatedly forwarded the charge for a service or product to a billing agent
on behalf of a service provider who was required to be registered with the
commission under these rules and who was not registered, provided that:
(i) for
purposes of these rules, a billing aggregator acted knowingly if it forwarded a
charge and if the service provider's name was not on the commission's list of
registered service providers at the time the charge was forwarded to the
billing agent; or
(ii) if
the service provider's registration had been revoked and properly noticed
pursuant to these rules at the time the charge was forwarded to the billing
agent; or
(b) engaged
in any other false or deceptive billing practices.
(9) The
commission shall provide notice of the revocation of a registration under this
rule to all registered telecommunications carriers and billing aggregators
doing business in Montana within two business days of the revocation becoming
final.
History: 69-3-1305, 69-3-1308, 69-3-1309, 69-3-1310, 69-3-1311, 69-3-1315 and 69-3-1316, MCA; IMP, 69-3-1304, MCA; NEW, 2003 MAR p. 2085, Eff. 9/26/03.