§ 49-21-02.4 — Unauthorized telecommunications service

North Dakota § 49-21-02.4

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

Text

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 provisions of title 47, Code of Federal Regulations,
part 64, subpart k, in effect on January 1, 2001.
2. A telecommunications company may not initiate an intrastate telecommunications
service to a subscriber without authorization. A subscriber for whom an intrastate
telecommunications service is initiated without authorization is absolved from liability
for charges imposed by the service provider if the subscriber notifies the service
provider within thirty days after the first billing for the unauthorized service. Upon being
informed by the subscriber that an unauthorized initiation of service has occurred, the
telecommunications company providing the service shall cancel the service, inform the
subscriber of the thirty-day absolution period, and refund any payments made by the
subscriber for the service during the absolution period. The telecommunications
company may rebill for the service provided before cancellation if the company
determines the service initiation was authorized. The remedies provided in this section
are in addition to any other remedies available at law.
3. If the commission finds an emergency exists that requires ex parte action, the
commission may issue a cease and desist order without prior notice against a
telecommunications company that the commission has reason to believe is in violation
of this section or title 47, Code of Federal Regulations, part 64, subpart k, in effect on
January 1, 2001. The cease and desist order must be:

a. Directed against the telecommunications company's marketing of
telecommunications service, not the company's provision of service to current
customers;
b. Accompanied by service on the telecommunications company of a commission
order opening an investigation or a formal complaint regarding the company's
compliance with this section; and
c. Accompanied by service on the telecommunications company of a notice of
opportunity to be heard on the cease and desist order within fifteen days of
issuance of the cease and desist order.
4. A telecommunications company that violates this section is deemed to have committed
an unlawful practice in violation of section 51-15-02 and is subject to all the provisions,
procedures, and penalties of chapter 51-15.