Title 49 — Public Utilities
33 chapters · 382 sections in this title.
N.D.C.C. § 49-19-18 Joint action by commissions to regulate interstate commerce
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Where pipelines within the scope of this chapter are engaged in interstate transportation of oil, coal, or gas, the commission shall act jointly and in conjunction with the supervisory body which exercises jurisdiction over and control of such pipelines within any other state for…
N.D.C.C. § 49-19-20 Duties of pipeline carriers
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Subject to the provisions of this chapter and the rules and regulations which may be prescribed by the commission, every common pipeline carrier shall receive and transport crude petroleum, coal, or gas delivered to it for transportation and shall receive and transport the same a…
N.D.C.C. § 49-19-21 Oil and gas wastes - Dangerous field operations - Commission to regulate
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Repealed by S.L. 1983, ch. 399, § 3. 49-19-22. Violation of law or rules by pipeline carriers - Penalty - Suit by attorney general. Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 49-19-23 Unlawful discrimination - Damages - Suit
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Actual damages also may be recovered by and for the use of any person against whom there shall have been an unlawful discrimination prohibited by this chapter. Such suit shall be brought in the name and for the use of the party aggrieved.
N.D.C.C. § 49-19-24 Individuals guilty of discrimination - Penalty
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 49-19-25 Fraudulent consumption of gas - Punishment
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 49-20-01 Definitions
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As used in this chapter, unless the context otherwise clearly requires: 1. "Electrical supply lines" shall mean those electrical conductors and their necessary supporting and containing structures which are used for transmitting a supply of electrical energy. 2. "Operation" shall…
N.D.C.C. § 49-20-02 Commission to regulate operation and maintenance of electrical lines
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The commission shall regulate the construction, reconstruction, operation, and maintenance of all electrical supply lines and signal lines located in, under, or across the public highways or public places in this state, within and without the limits of incorporated cities, to the…
N.D.C.C. § 49-20-03 Applications - Specifications - Drawings - Prerequisites to construction
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Prior to commencing the construction or reconstruction of any electrical supply line intended to carry: 1. A constant potential alternating current of over five thousand volts; 2. A constant current circuit exceeding seven and one-half amperes; or 3. A grounded trolley direct cur…
N.D.C.C. § 49-20-04 Hearing upon application - Time - Witnesses - Evidence
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Upon receipt of the written application provided for in section 49-20-03, the commission shall set a date not later than thirty days from the date of the receipt of the application for a hearing upon the matter, and at least ten days before the date of said hearing shall notify i…
N.D.C.C. § 49-20-05 Grant of application without hearing
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Whenever the application provided for in section 49-20-03 is filed with the commission and it shall appear to its satisfaction that all of the interested parties have agreed in writing in regard to the methods of construction, reconstruction, operation, and maintenance of the pro…
N.D.C.C. § 49-20-06 Apportionment of costs
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The commission shall apportion between the interested parties the costs or additional costs which may accrue from the adoption of plans, methods, or means in order to avoid, minimize, or mitigate interference or hazard.
N.D.C.C. § 49-20-07 Rules and regulations adopted by commission
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Repealed by omission from this code.
N.D.C.C. § 49-20-08 Municipalities - Complaints - Hearings
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Any municipality of the state shall have the right to file a complaint with the commission to enforce the provisions of this chapter. The commission shall hold a public hearing whenever any such municipality shall file written complaint and set forth facts which require action on…
N.D.C.C. § 49-20-09 Regulatory nature of measures - Penalty for violation
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The provisions of sections 49-20-02 through 49-20-08 shall not be construed to affect, control, or change the franchise rights of persons, firms, corporations, or limited liability companies owning or operating electrical supply or signal lines in or upon the highways of this sta…
N.D.C.C. § 49-20-10 Commission may require extension of electric transmission lines
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Whenever any city, or the inhabitants thereof within, or contiguous to, the territory served by an electric transmission line operated by a public utility subject to the jurisdiction of the commission shall desire to obtain the service furnished by such public utility, the proper…
N.D.C.C. § 49-20-11 Appeals from orders of commission
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Any municipality, public utility, or person affected by an order of the commission made under the provisions of this chapter may prosecute and conduct an appeal to the courts in the manner prescribed in chapter 28-32.
N.D.C.C. § 49-20-12 Injury to electric supply lines - Penalty
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Repealed by S.L. 1975, ch. 106, § 673. 49-20-12.1. Notice of change in topography of lands under or adjacent to electric transmission or telecommunications lines. Before any change is made in the topography of lands under, or adjacent to, any electric transmission or telecommunic…
N.D.C.C. § 49-20-13 Electric current - Fraudulent use - Misdemeanor
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 49-20-14 Meter deposits to electric power companies
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Repealed by S.L. 1983, ch. 514, § 2.
N.D.C.C. § 49-20-15 Liability of electric companies for inductive interference
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No person owning or operating electric light and power facilities shall be liable, in the absence of negligent construction or operation of such electric light and power facilities, for inductive interference caused in communication circuits, and shall not, in the absence of negl…
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.