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.

Terms Used In North Dakota Code 49-21-01.9

  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

2.    Voice over internet protocol service is subject to the following:

a.    Any required assessments under any state high-cost universal service fund. b.    Any required assessment of 911 or E911 fees.

c.    Any required surcharge under section 54-44.8-08. d.    Any required tax under chapter 57-34.

3.    Nothing in this section affects or modifies:

a.    Any applicable wholesale tariff or any commission authority to implement or enforce any rights, duties, or obligations of any party related to wholesale services.

b.    Any entity’s obligations or rights or commission authority under sections 251 and 252 of the federal Communications Act of 1934 [47 U.S.C. § 251 and 252].

c.    Any commission jurisdiction over intrastate switched access rates, terms and conditions, including the implementation of federal law with respect to intercarrier compensation or existing commission authority to address or affect the resolution of disputes regarding intercarrier compensation.

d.    Any obligation for the provision of video or cable service by any entity under applicable law.

e.    Any commission jurisdiction or authority to address federal high-cost fund or federal universal service fund issues.

f.    Any obligation to offer essential telecommunications services.

g.    Authority to enforce criminal or civil laws, including consumer protection and unfair or deceptive trade practice laws under title 51, which apply generally to the conduct of business.

h.    Authority of a political subdivision of the state to exercise its zoning power under chapters 40-47, 58-03, or 11-33.

i.    Any obligation arising out of chapter 49-23.

    

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