69-3-844. (Temporary) Contributions to fund. (1) The fiscal agent shall collect contributions from all telecommunications carriers on a monthly basis, based on a July 1 to June 30 fiscal year. Initial contributions to the fund may only be collected for the 2-month period prior to the effective date of distributions from the fund and must be calculated as follows:
     (a) determine the total retail revenue for all telecommunications carriers for the immediately preceding calendar year;
     (b) determine the total funds needed for distributions in the next fiscal year as authorized pursuant to 69-3-845;
     (c) compute a uniform percentage of the amount determined in subsection (1)(a) that will produce an amount equal to the fund total calculated in subsection (1)(b);
     (d) adjust the percentage multiplier computed in subsection (1)(c) to recover or reimburse any fund shortfalls or excesses in the previous fiscal year, including uncollectibles, new providers seeking support, cost of administration, and auditing; and
     (e) send notice of the current uniform percentage and appropriate remittance forms to each telecommunications carrier at least 2 months prior to the effective date of the application of the percentage.
     (2) The commission shall adopt procedural 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.
     (3) 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. (Terminates December 31, 2001--sec. 6, Ch. 187, L. 1999.)

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