38.5.4201    REGISTRATION REQUIREMENTS AND OBLIGATIONS OF SERVICE PROVIDERS, BILLING AGGREGATORS, AND BILLING AGENTS

(1) A service provider may not offer a product or service to a customer, the charge for which appears on the bill of a billing agent, nor forward such a charge to a billing agent, unless the service provider is registered with the commission pursuant to this rule.

(2) A billing aggregator may not forward to a billing agent charges for a service or product offered by a service provider unless:

(a) the billing aggregator is registered with the commission pursuant to this rule; and

(b) the service provider is properly registered pursuant to these rules.

(3) A billing agent may not directly bill on behalf of a service provider or billing aggregator who is required to be registered, and who is not properly registered, under this rule.

(a) the commission will add new registrants to its list of service providers and billing aggregators within two business days of the effective date of the registration and said list will be posted to the commission's internet website.

(b) the commission will remove from its list within two business days of the revocation being final registrants whose registration has been revoked.

(c) a billing agent that directly bills on behalf of a service provider that has not properly registered with the commission must remove the charge from the customer's bill and will be liable to the customer for reimbursement of charges paid by the customer, subject to the limitations of ARM 38.5.3910.

(4) Each billing aggregator shall submit to the commission no later than April 1 of each year a list of service providers and other entities for which the billing aggregator provides billing services.  The billing aggregator's initial list will be submitted when the billing aggregator completes the registration form.  The billing aggregator's annual list of service providers shall include:

(a) the name and address of the service provider and every name under which the service provider's products will be billed by the aggregator; and

(b) a signed and notarized statement that the billing aggregator has verified that each service provider on the list is registered with the commission.

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.