Regulation of Communication Facilities

TELECOMMUNICATIONS
Sub-Chapter 1
Regulation of Communication Facilities

2.13.101

APPROVAL OF INSTALLATIONS, MODIFICATIONS, OR REMOVAL REQUIRED

(1) The department of administration must approve the installation, modification, or removal of all telecommunication systems. In approving installations, modifications, and removals the department shall consult with and consider the needs of the various state agencies and the overall implications to all state telecommunication systems. (History: Sec. 2-17-302 MCA; IMP, 2-17-302 MCA; Eff. 12/31/72; AMD, 1987 MAR p. 2086, Eff. 11/13/87.)

2.13.102

USE OF THE STATE'S TELECOMMUNICATION SYSTEMS

(1) The facilities of the state's telecommunications systems are provided principally for the conduct of state business. In addition to state business, the state's telecommunications systems may be used by:

(a) local political subdivisions of the state, for the conduct of their business;

(b) residents in housing of the Montana university system, for their calls originating on the university system campuses; and

(c) state employees and officials for local and long distance calls to latch-key children, teachers, doctors, day-care centers and baby sitters, to family members to inform them of unexpected schedule changes, and for other essential personal business.The use of the state's telecommunication systems for essential personal business must be kept to a minimum, and not interfere with the conduct of state business. Essential personal long distance calls must be either collect, charged to a third party non-state number, or charged to a personal credit card. (History: Sec. 2-17-302 MCA; IMP, 2-17-302, Eff. 13/31/72; AMD, 1987 MAR p. 2086, Eff. 11/13/87; AMD, 1990 MAR p. 928, Eff. 5/18/90.)

2.13.103

STATE AGENCIES RESPONSIBLE FOR THE ENFORCEMENT OF REGULATIONS RELATING TO THE USE OF THE STATE'S TELECOMMUNICATION SYSTEMS

(1) All state agencies are individually responsible for enforcing rules relating to the use of the state's telecommunications systems.

(2) All state agencies are individually responsible for all costs incurred in the operation of the telecommunication systems utilized by each agency. (History:Sec. 2-17-302 MCA; IMP, 2-17-302, MCA; NEW, 1987 MAR p. 2086, Eff. 11/13/87.)

2.13.104

STATE TELECOMMUNICATION SYSTEMS DEFINED

(1) The state's telecommunication systems include any state owned, leased, contracted for, operated or maintained telecommunications equipment, services or facilities including: private branch exchanges; telephone key systems; teleconferencing systems; local and long distance telecommunications circuits; data communications equipment; video capabilities; land mobile radio equipment; telephone credit cards, or facsimile equipment. (History: Sec. 2-17-302 MCA; NEW, 1987 MAR p. 2086, Eff. 11/13/87).

2.13.105

POLITICAL SUBDIVISION USE OF STATE TELECOMMUNICATION SYSTEMS ALLOWED

(1) The state telecommunication systems are available for use by political subdivisions of the state. A subdivision must make a written request to the department of administration for access to its systems. Such use shall be authorized by the department based upon the technical requirements of the political subdivision's needs as indicated by the request and the potential impact on state agency use of the systems. The department will approve or disapprove requests for access within 180 days of receipt of written requests. Political subdivisions will be billed for use of the state's telecommunication systems under procedures and at rates developed by the department.

(2)For purposes of this rule "political subdivision" means any county, city, municipal corporation, school district, special improvement district or taxing jurisdiction, or any other political subdivision or public corporation. (History: Sec. 2-17-302 MCA; IMP, 2-17-302 MCA; NEW, 1987 MAR p. 2086. Eff. 11/13/87.

2.13.106

NON-PROFIT ORGANIZATION USE OF THE STATE TELECOMMUNICATION SYSTEMS ALLOWED

(1) The state telecommunication systems are available for use by in-state non-profit organizations that meet one of the following three criteria:

(a) there is a close connection between the organization and the state;

(b) the state is significantly involved in the activities of the organization;

(c) the organization performs a public function traditionally performed by the state;

(d) Non-profit organizations must make written requests to the department of administration for access to its systems. These written requests must provide adequate detailed information for the department to determine if the non-profit organization meets any of the criteria defined above. Use of the state's telecommunication systems shall be authorized for organizations meeting the criteria based upon the technical requirements of the non-profit organizations needs as indicated by the request and the potential impact on state agency use of the systems. In consultation with the appropriate agency, the department will approve or disapprove requests for access by non-profit organizations within 180 days of receipt of written requests. Non-profit organizations will be billed for use of the state's telecommunication systems under procedures and at rates developed by the department.(History: Sec. 2-17-302 MCA; IMP, 2-17-302 MCA; NEW, 1987 MAR p.2086, Eff. 11/13/87.)

2.13.107

ALL TELECOMMUNICATIONS RECORDS ARE PUBLIC DOCUMENTS

(1) All records of use of the telecommunication systems created, maintained and managed by the department are public documents and subject to review by the public, unless protected by statute.(History: Sec. 2-17-302 MCA; IMP, 2-17-302 MCA; NEW, 1987 MAR p.2086, Eff. 11/13/87.)