15-53-203. (Temporary) Application to department -- competitive grants -- rulemaking. (1) In order to receive a credit against the tax imposed by part 1 of this chapter, a telecommunications services provider shall apply to the department for consideration through a competitive grant program and certify that the proposed advanced telecommunications infrastructure project provides for improved telecommunications services access to a majority of customers in an unserved or underserved area and meets other requirements as established by the department.
     (2) The application to the department must include:
     (a) a description of the advanced telecommunications infrastructure improvement project, including:
     (i) expected costs and timelines for completing the project;
     (ii) partnerships, consortiums, and interconnection agreements, if necessary, to complete the project; and
     (iii) the area in which the advanced telecommunications infrastructure improvements are to be installed and the customers who will be served; and
     (b) verification that the advanced telecommunications infrastructure improvements will contribute to greater access to advanced telecommunications services and enhance existing telecommunications infrastructure.
     (3) The department shall adopt rules establishing a policy for granting telecommunications services providers an infrastructure tax credit. The rules must consider whether the advanced telecommunications infrastructure improvements:
     (a) significantly enhance individual and business access to advanced telecommunications services at an economically reasonable cost;
     (b) promote the development and transition to a fully competitive telecommunications marketplace;
     (c) improve public and private K-12, university, and library access to advanced telecommunications services;
     (d) are required to improve connections between communities in the state; and
     (e) increase Montana health care systems' access to interactive telecommunications services.
     (4) When the department has determined which telecommunications services providers qualify under the rules established in subsection (3), it shall notify the department of revenue of the telecommunications services providers that are eligible to receive the tax credit pursuant to 15-53-202. (Terminates July 1, 2004--sec. 8, Ch. 534, L. 1999.)

     History: En. Sec. 3, Ch. 534, L. 1999; amd. Sec. 4, Ch. 534, L. 1999.