Montana Public Service Commission Denies CenturyLink Request for Waiver of “Out of Service” Rule
Earlier today, the Montana Public Service Commission (PSC), in a unanimous (5-0) vote at its regular business meeting, denied a CenturyLink request for a temporary (six-year) waiver of the Commission’s “Out of Service Rule” [Montana Administrative Rule 38.5.3371(7)(b)], in exchange for $1,500 payments to certain customers served by trouble-prone legacy infrastructure.
The PSC decision comes after a more than two-year investigation into the adequacy of legacy land-line telephone infrastructure owned and operated by CenturyLink in certain areas of rural Montana. The Commission opened its investigation after receiving complaints about long-lasting service outages, the inability to access 911 service, and other service quality issues reported by CenturyLink customers in some areas of rural Montana.
The Commission’s Out of Service Rule requires regulated telephone service providers like CenturyLink to clear 90% of out-of-service trouble reports within 24 hours, with some exceptions. CenturyLink argued that it could no longer comply with the rule, because competition from unregulated service providers, like cell phone companies and broadband internet providers, has substantially reduced CenturyLink’s market share.
Under CenturyLink’s proposal, approximately 500 customers served by CenturyLink’s Anaconda or GoDigital systems could receive $1,500 payment to disconnect from CenturyLink. However, the rule waiver CenturyLink requested would apply to all of CenturyLink’s service territory in Montana.
PSC President James Brown said of the Commission’s decision to deny the proposal, “Under Montana law, as a provider of regulated telecommunications services, CenturyLink is subject to the supervision and regulation of the PSC. Further, regulated telecommunications providers must provide reasonably adequate services at just and reasonable rates. While I understand CenturyLink’s position as to the growth of unregulated communications service providers, CenturyLink has not convinced me that there are other options for many of the folks who rely on CenturyLink’s service. CenturyLink’s proposed one-time payment would not help much if you can’t get other service at your home.”
Commissioner Randy Pinocci, whose district includes Wibaux County in Eastern Montana where some residents have reported CenturyLink service problems, added, “Dependable telecommunications services are essential to Montanans living in rural parts of our state. Many folks in my district don’t have reliable cell service at home, on the farm, or on the ranch. If they have an emergency, they need reliable phone service to get help. The out of service rule helps protect folks who count on CenturyLink service.”
The Commission regulates private investor-owned natural gas, electric, telephone, water, and sewer companies, certain motor carriers, and oversees natural gas pipeline safety and intrastate railroad safety. The Commission works to ensure that Montanans receive safe and reliable service from regulated public utilities while paying reasonable rates.
For more information, visit psc.mt.gov, call 1-800-646-6150, follow the Commission at Twitter.com/@MT_PSC, or check for updates at Facebook.com/MontanaPSC.
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