§ 49-21-01 — Definitions

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 message toll
telecommunications services and private line transport services.
2. "Competitive local exchange company" means any telecommunications company
providing local exchange service, other than an incumbent local exchange carrier,
whether by its own facilities, interconnection, or resale.
3. "Eligible telecommunications carrier" means a telecommunications company
designated under section 214(e) of the federal act as eligible to receive universal
service support in accordance with section 254 of the federal act.
4. "Essential telecommunications service" means the following services:
a. Switched access;
b. Installation of the service connection for other essential services from the end
user's premises to the local exchange network; and
c. Primary flat rate residence basic telephone service including the following service
elements:
(1) Billing and collecting of the telecommunications company's charges for the
service.
(2) Primary directory listing.
(3) Access to directory assistance.
(4) Access to emergency 911 service and emergency operator assistance in
local exchange areas in which emergency 911 service is not available.
(5) Except as provided in section 49-02-01.1, mandatory, flat-rate extended
area service to designated nearby local exchange areas.
(6) Transmission service necessary for the connection between the end user's
premises and the local exchange central office switch including a trunk
connection that has inward dialing and necessary signaling service such as
touchtone used by end users for the service.
5. "Federal act" means the federal Communications Act of 1934, as amended by the
federal Telecommunications Act of 1996 [47 U.S.C. 151 et seq.].
6. "Incumbent local exchange carrier" means a telecommunications company that meets
the definition of section 251(h) of the federal act.
7. "Inside wire" and "premise cable" mean the telecommunications wire on the
customer's side of a demarcation point or point of interconnection between the
telecommunications facilities of the telecommunications company and the customer or
premise owner established under title 47, Code of Federal Regulations, part 68,
section 68.105.
8. "Interexchange telecommunications company" means a person providing
telecommunications service to end users located in separate local exchange areas.
9. "Internet protocol-enabled service" means any service, capability, functionality, or
application that uses internet protocol or any successor protocol and enables an end
user to send or receive voice, data, or video communication in internet protocol format
or a successor format.
10. "Local exchange area" means a geographic territorial unit established by a
telecommunications company for the administration of telecommunications services as
approved and regulated in accordance with chapter 49-03.1.
11. "Management costs" means the reasonable direct actual costs a political subdivision
incurs in exercising its police powers over the public rights of way.
12. "Mutual telephone company" means a telephone cooperative organized and operating
subject to the provisions of this chapter, and such a cooperative shall also be subject

to the general law governing cooperatives, except where such general law is in conflict
with this chapter.
13. "Nonessential telecommunications service" means any telecommunications service,
other than those essential telecommunications services listed in subsection 4 that a
customer has the option to purchase either in conjunction with or separate from any
essential telecommunications service.
14. "Price" means any charge set and collected by a telecommunications company for any
telecommunications service offered by it to the public or other telecommunications
companies.
15. "Private line transport service" means a telecommunications service to a customer
over a circuit dedicated to the customer's exclusive use, within a local exchange area,
or between or among local exchanges. Private line transport service includes services
to customers who are end users and services to telecommunications companies.
16. "Public right of way" means the area on, below, or above a public roadway, highway,
street, bridge, cartway, bicycle lane, or public sidewalk in which a political subdivision
has a legal interest, including other dedicated rights of way for travel purposes, utility
easements, and all the area within seventy-five feet [22.86 meters] of the centerline of
any county or township highway right of way over which a board of county
commissioners or a board of township supervisors has control under section 24-01-42.
The term does not include the airwaves above a public right of way with regard to
cellular or other wireless telecommunications or broadcast service or utility poles
owned by a political subdivision or a municipal utility or a telecommunications
company, in whole or part.
17. "Rural telephone company" means a telecommunications company that meets the
definition of section 153(37) of the federal act.
18. "Service element" means a telecommunications function or service component that is
not useful to the user unless it is combined with one or more other telecommunications
functions or service components.
19. "Switched access" means access to include:
a. Local exchange central office switching and signaling;
b. Operator and recording intercept of calls;
c. Termination of end user lines in the local exchange central office;
d. The carrier common line charge for the line between the end user's premises and
the local exchange central office;
e. Billing and collection recording for interexchange carriers to which the local
exchange carrier provides access service; and
f. Telecommunications service, including connections, provided to allow
transmission service and termination between an interexchange company's
premises and the local exchange central office switch for the origination or
termination of the interexchange company's switched telecommunications
services.
20. "Telecommunications company" means a person engaged in the furnishing of
telecommunications service within this state.
21. "Telecommunications service" means the offering for hire of telecommunications
facilities, or transmitting for hire telecommunications by means of such facilities
whether by wire, radio, lightwave, or other means.
22. "Voice over internet protocol service" means any service that enables real time,
two-way voice communication originating from or terminating at the user's location in
internet protocol or a successor protocol, utilizes a broadband connection at the user's
location, and permits a user to receive a call that originates on the public switched
telephone network and to terminate a call to the public switched telephone network.