69-3-844. Contributions to fund. (1) The fiscal agent shall collect contributions from all telecommunications carriers on a quarterly basis, based on a January 1 to December 31 calendar year. Those contributions must be determined on a percentage of total intrastate retail revenue for all telecommunications carriers registered in the state. If the high-cost mechanisms of the federal universal service program are eliminated, contributions must be determined on a percentage of total intrastate and interstate retail revenue for all telecommunications carriers registered in the state.
     (2) The commission shall adopt rules to govern collection of the contributions required by this section, as well as rules allowing the fiscal agent and daily administrator to assess late fees and interest on delinquent payments from telecommunications carriers. The fiscal agent is specifically authorized to enforce the contribution requirements of this section through suit in the district courts of Montana, and the prevailing party in an action is entitled to the recovery of costs and attorney fees incurred in that action.
     (3) Any funds received by an eligible telecommunications carrier from the state high-cost fund must be used for the provision, maintenance, and upgrading of facilities and services for which the support is intended.
     (4) Any reduction in telecommunications carrier access expenses because of the removal of implicit subsidies inherent in telecommunications carrier access rates must be passed through to Montana end-user customer retail rates.

     History: En. Sec. 14, Ch. 349, L. 1997; amd. Sec. 2, Ch. 187, L. 1999; amd. Sec. 3, Ch. 430, L. 2001.