§ 49-21-01.1 — Inapplicability of provisions of chapter

North Dakota § 49-21-01.1

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-21: Telecommunications Companies

Text

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 as well as subscriber interaction, if any, which is required for
the selection of such videoprogramming or other programming service.
2. A hospital, hotel, motel, or similar place of temporary accommodation owning or
operating message switching or billing equipment solely for the purpose of reselling
telecommunications services to its patients or guests.
3. Telegraph service.
4. Except as provided in section 49-21-01.5, home, business, and coinless or
coin-operated public or semipublic telephone terminal equipment and the use of such
equipment.
5. The lease of telecommunications equipment by a telecommunications company from a
person whose business is the leasing or sale of such equipment.
6. Billing and collection services.
7. Inside wire and premise cable installation and maintenance.
8. Directory services that are not essential.
9. Private line transport service.
10. Services or facilities provided by a system or institution of higher education to:
a. Institution employees or students at institution facilities or housing owned or
leased by the institution;
b. Affiliated organizations, including alumni operations and research foundations,
formed for the purpose of supporting the institution or leased by the institution
and offering products and services intended primarily for the benefit of institution
employees, students, or guests;
c. Other persons or entities located on property owned or leased by the institution
and offering products and services intended primarily for the benefit of institution
employees, students, or guests;
d. Casual users using the institution's facilities for conferences, seminars and other
similar special events, and broadcasters of athletic events;
e. Occupants of technology parks, or business incubators receiving secretarial or
business startup support in facilities owned or leased by the institution during a
business startup phase for a term not to exceed four years or until August 1,
2005, whichever is later; and
f. Educational, governmental, and nonprofit users of system or institution interactive
videoconferencing site facilities and associated network services.
Institutions may not unreasonably restrict access by a telecommunications company to
institution facilities for the purpose of furnishing telecommunications services to
residents in institution housing or to other persons or entities leasing institution
facilities, except institutions may limit access to residence halls. Institutions may
require reasonable payment for and adopt reasonable restrictions on the use of
institution telecommunications infrastructure to avoid service interruptions or increased
maintenance or administrative burdens.