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A BILL for an Act to create and enact a new section to chapter 49-21 of the North Dakota
Century Code, relating to internet transport; and to amend and reenact subsection 13 of section
49-21-01 of the North Dakota Century Code, relating to internet transport as a
telecommunications service.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 13 of section 49-21-01 of the North Dakota
Century Code is amended and reenacted as follows:
13.
"Nonessential telecommunications service" means any telecommunications
service, other than those essential telecommunications services listed in
subsection 3 that, which a customer has the option to purchase either in
conjunction with or separate from any essential telecommunications service.
Nonessential telecommunications services include, but are not limited to:
a.
InterLATA and intraLATA message toll service;
b.
Private line transport service The transport portion of any publicly offered
service that includes the transport of information to and from the internet if it is
accomplished over a system of wires and cables including if the service is
offered over a cable system by a cable operator, but does not include any
information portion of the service;
c.
Calling features and information or enhanced services such as call waiting,
call forwarding, three-way calling, intracall, speed calling, call transfer, voice
or data store and forward, message delivery, or caller identification;
d.
Centrex services and features, not including transmission service described in
subdivision h of subsection 3;
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23 Fifty-seventh
Legislative Assembly
e.
Installation of service connections in addition or supplementary to that
described in subdivision g of subsection 3 which also provides transmission
service between the end user's premises and the local exchange central
office switch;
f.
Mobile telecommunications services using radio spectrum or cellular
technology; and
g.
Packet-switched services.
SECTION 2. A new section to chapter 49-21 of the North Dakota Century Code is
created and enacted as follows:
Internet transport. A telecommunications company providing a publicly offered service
that includes transport of information to and from the internet has the duties of a local exchange
carrier under section 251 of the federal act regarding that transport.
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