Title 49 — Public Utilities
33 chapters · 382 sections in this title.
N.D.C.C. § 49-21-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Access" means telecommunications services to connect a telecommunications customer or end user with a telecommunications company that allows for the origination or the termination, or both, of WATS, 800, and mess…
N.D.C.C. § 49-21-01.1 Inapplicability of provisions of chapter
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Telecommunications service does not include and the provisions of this title do not apply to: 1. The one-way transmission of radio or television signals for broadcast purposes, including the one-way transmission of videoprogramming or other programming service by a cable system a…
N.D.C.C. § 49-21-01.2 Exemption - Rate regulation
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Except as provided for in this chapter and sections 49-02-01.1, 49-02-21, 49-02-22, and 49-04-02.1, telecommunications companies and all telecommunications services are exempt from the provisions of chapters 49-02, 49-04, 49-05, and 49-06. Telecommunications companies and service…
N.D.C.C. § 49-21-01.4 Purchase of essential telecommunications services
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Customers of any telecommunications company that provides essential telecommunications services must be permitted to purchase essential telecommunications services separate from all other telecommunications services. A telecommunications company may disconnect local exchange or e…
N.D.C.C. § 49-21-01.5 Access code number usage
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A person who, in the ordinary course of operations, makes telephones available to the public or to transient users of that person's premises, for intrastate telephone calls using a provider of operator services shall ensure that each of its telephones presubscribed to a provider …
N.D.C.C. § 49-21-01.6 Call identification services - Charges prohibited - Notice - Exceptions
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1. Any telephone call identification service offered in this state by a telecommunications company must allow a caller on a per-call and a per-line basis to withhold display of a caller's telephone number from the telephone instrument of the individual receiving the telephone cal…
N.D.C.C. § 49-21-01.7 Powers in general
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The commission has the power to: 1. Investigate all methods and practices of telecommunications companies. 2. Require telecommunications companies to conform to the laws of this state and to all rules, regulations, and orders of the commission not contrary to law. 3. Require repo…
N.D.C.C. § 49-21-01.8 Eligible telecommunications company requirements
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A telecommunications company may not be an eligible telecommunications carrier unless the company offers all services supported by federal universal service mechanisms throughout the study area.
N.D.C.C. § 49-21-01.9 Voice over internet protocol service and internet protocol-enabled service
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1. Notwithstanding any other law, a state entity or political subdivision of the state may not by rule, order, or other means directly or indirectly regulate the entry, rates, terms, or conditions for internet protocol-enabled or voice over internet protocol service. 2. Voice ove…
N.D.C.C. § 49-21-02 Telecommunications companies - Common carriers - Public policy
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All persons providing telecommunications service within this state shall be common carriers and are hereby declared to be affected with a public interest and subject to regulation and general supervision by the commission. Among the purposes to be served by such regulation and su…
N.D.C.C. § 49-21-02.1 Authority to exempt from regulation
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Repealed by S.L. 1999, ch. 411, § 13.
N.D.C.C. § 49-21-02.2 Cross-subsidization prohibited
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Revenues obtained from essential telecommunications services may not be used to subsidize or otherwise give advantage to a telecommunications company in its nonessential telecommunications services.
N.D.C.C. § 49-21-02.3 Directors, trustees, officers, and managers - Immunity from civil liability
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Directors, trustees, and officers of mutual telephone companies, and the manager of a mutual telephone company who is the person most responsible for carrying out the policies and directives of the trustees, officers, or board of directors, are immune from civil liability for any…
N.D.C.C. § 49-21-02.4 Unauthorized telecommunications service
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1. A telecommunications company shall comply with the provision of title 47, Code of Federal Regulations, part 64, subpart k, in effect on January 1, 2001, regarding changes in a subscriber's selection of a provider of telecommunications service. The commission shall enforce the …
N.D.C.C. § 49-21-03 Articles of incorporation - Telephone - Telegraph
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Repealed by S.L. 1985, ch. 515, § 26.
N.D.C.C. § 49-21-04 Price schedules filed with the commission
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Each telecommunications company shall file with the commission in the form and detail as the commission may require, subject to considerations for maintaining trade secrets or commercial confidentiality: 1. Schedules showing all prices for essential services, including those pric…
N.D.C.C. § 49-21-04.1 Maximum and minimum rates - Changes
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Repealed by S.L. 2005, ch. 399, § 9.
N.D.C.C. § 49-21-05 Schedule of prices to be available for public inspection
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The commission may require any telecommunications company to make available to the public, subject to considerations for maintaining trade secrets or commercial confidentiality, a printed or electronic schedule of prices for telecommunications services offered by the telecommunic…
N.D.C.C. § 49-21-06 Complaint against prices
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There is a rebuttable presumption that prices for essential telecommunications services in effect on July 1, 1989, are fair and reasonable. Any person may complain to the commission, or the commission on its own motion may complain and begin investigation, of the reasonableness, …
N.D.C.C. § 49-21-07 Discrimination unlawful
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It shall be unlawful for any telecommunications company to make any unjust or unreasonable discrimination in prices, practices, or service for or in connection with like telecommunications service, or give any undue or unreasonable preference or advantage to any person or telecom…
N.D.C.C. § 49-21-08 Unnecessary duplication of exchanges prohibited
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Repealed by S.L. 2005, ch. 399, § 9.
N.D.C.C. § 49-21-08.1 Dialing parity - IntraLATA equal access
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Every local exchange carrier shall provide 1 + equal access dialing parity.
N.D.C.C. § 49-21-09 Telecommunications - Connections
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Whenever a connection can be made reasonably between the facilities of two or more telecommunications companies for the transfer of telecommunications and public convenience and necessity will be subserved thereby, the commission may require that such connection be made and may o…
N.D.C.C. § 49-21-10.1 Excessive charges - Refunds
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When complaint has been made to the commission or by the commission on its own motion concerning any price for a telecommunications service, and the commission has found, upon a hearing after notice given as required by law, that the telecommunications company has charged for suc…
N.D.C.C. § 49-21-10.2 Quality of service
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Any customer, and the commission on its own motion, may complain concerning the quality of service provided by a telecommunications company providing telecommunications services in the state. The commission may not adopt any rule or order under this section applicable to retail s…
N.D.C.C. § 49-21-10.3 Complaints
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A person, and the commission on its own motion, may complain concerning any violation of law, rule, or order of the commission. In accordance with chapter 28-32, the commission shall provide notice of the complaint and the time and place of hearing. After hearing under chapter 28…
N.D.C.C. § 49-21-11 Mutual telephone company - Company carrier
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Repealed by S.L. 1985, ch. 515, § 26.
N.D.C.C. § 49-21-12 Assessments - Expenses - Sinking fund
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Repealed by S.L. 1985, ch. 515, § 26.
N.D.C.C. § 49-21-13 Extension of line and system
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Repealed by S.L. 1985, ch. 515, § 26.
N.D.C.C. § 49-21-13.1 Telephone cooperatives - Sale of physical plant - Approval
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No mutual aid cooperative or cooperative association that is a telecommunications company as defined in section 49-21-01 may sell, transfer, or convey, within the period of any single calendar year, physical plant in excess of five percent in value of the cooperative, based upon …
N.D.C.C. § 49-21-14 Connections with other telephone systems permitted
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Repealed by S.L. 2005, ch. 399, § 9.
N.D.C.C. § 49-21-15 Physical connections
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Repealed by S.L. 2005, ch. 399, § 9.
N.D.C.C. § 49-21-16 Forfeiture for failure to comply with order
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Repealed by S.L. 1985, ch. 515, § 26.
N.D.C.C. § 49-21-17 Additional definitions
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Repealed by S.L. 2005, ch. 399, § 9.
N.D.C.C. § 49-21-18 Party line - Refusal to surrender - Emergency
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Repealed by S.L. 2005, ch. 399, § 9.
N.D.C.C. § 49-21-19 Distributors of telephone directories to print notice therein
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Repealed by S.L. 2003, ch. 403, § 10.
N.D.C.C. § 49-21-20 Penalty
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Repealed by S.L. 2005, ch. 399, § 9.
N.D.C.C. § 49-21-21 Fraudulent telecommunications - Penalty
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Repealed by S.L. 1975, ch. 106, § 673. 49-21-22. Regulatory reform review commission - Appointments - Compensation - Report to legislative council. Repealed by S.L. 1991, ch. 600, § 17. 49-21-22.1. Regulatory reform review commission - Appointments - Compensation - Report to legi…
N.D.C.C. § 49-21-23 Construction of facilities - Cost recovery
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1. A telecommunications company is not required to construct, modify, or extend telecommunications facilities at the request or for the use of another telecommunications company except as required by the federal act. 2. The commission must allow a telecommunications company to re…
N.D.C.C. § 49-21-24 Prohibited acts - Arbitration
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1. A telecommunications company may not: a. Discriminate against another provider of telecommunications services by refusing or delaying access to the company's services; b. Discriminate against another provider of telecommunications services by refusing or delaying access to ess…
N.D.C.C. § 49-21-25 Competitive local exchange companies
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All competitive local exchange companies are subject to the requirements of this chapter regarding purchase of essential telecommunications services, section 49-21-01.4; access code number usage, section 49-21-01.5; call identification services, section 49-21-01.6; cross-subsidiz…
N.D.C.C. § 49-21-26 Fees
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Unless the governing body of a political subdivision has submitted to the qualified electors of that political subdivision the question of whether to impose a fee other than a fee for management costs and a majority of the voters approved the fee, a political subdivision may not …
N.D.C.C. § 49-21-27 In-kind services
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A political subdivision, in lieu of a fee imposed under section 49-21-26, may not require in-kind services by a telecommunications company right-of-way user or require in-kind services as a condition of the use of the political subdivision's public right of way.
N.D.C.C. § 49-21-28 Arbitration
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1. A telecommunications company that is denied the use of or access to a political subdivision right of way, that has its right-of-way permit revoked, or that believes that the fees imposed on that company by the political subdivision do not conform to the requirements of section…
N.D.C.C. § 49-21-29 Franchise ordinance not superseded
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Sections 49-21-26, 49-21-27, and 49-21-28 do not modify or supersede the rights and obligations of a political subdivision and the telecommunications company established by the terms of any existing franchise. A city that collects a city franchise fee under a franchise may not co…
N.D.C.C. § 49-21-30 Cost recovery
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A telecommunications company that is assessed either management costs by a political subdivision pursuant to section 49-21-26 or a city franchise fee pursuant to section 49-21-29 is entitled to recover those costs. If the telecommunications company serves customers within the bou…
N.D.C.C. § 49-21-31 Performance assurance fund - Continuing appropriation
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The performance assurance fund is a special fund in the state treasury. The commission shall deposit payments received by the commission under the performance assurance plan in the performance assurance fund until the balance of the fund equals one hundred thousand dollars. Up to…