The definitions in this section may not be construed to subject a telecommunications carrier or telecommunications service to the provisions of title 49. As used in this chapter, unless the context or subject matter otherwise clearly requires:

Terms Used In North Dakota Code 57-34-01

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. 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
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
  • year: means twelve consecutive months. See North Dakota Code 1-01-33

1.    “Adjusted gross receipts” means telecommunications carrier gross receipts less all amounts paid by the reporting telecommunications carrier on telecommunications service that is taxable under this chapter in state and local sales and use taxes and federal excise taxes and less amounts paid by the reporting telecommunications carrier to another telecommunications carrier for directory assistance originated by a caller in this state.

2.    “Company” includes any individual, copartnership, business trust, corporation, limited liability company, joint-stock company, association, or any other organization.

3.    “Gross receipts” means all telecommunications carrier retail revenues from telecommunications service charges billed to any station in this state and from charges to another telecommunications carrier for directory assistance originated by a caller in this state.

4.    “Station” means a subscriber service address located in this state with a distinct call number designation or distinct extension number designation. If this is not a defined location, “station” means the location of the primary use of telecommunications equipment as determined by telephone number, authorization code, or billing address.

5.    “Telecommunications carrier” means a company that is engaged in the business of furnishing telecommunications service within this state. The term includes a reseller of telecommunications service.

6. “Telecommunications service” means transmitting for consideration of two-way communication by wire, cable, fiber optics, radio, lightwave, microwave, satellite, or other means. The term includes:

a.    Essential telecommunications service and nonessential telecommunications service as defined in section 49-21-01; b.    Telecommunications service that originates and terminates in this state and is billed to a station in this state; c.    Interstate telecommunications service that originates or terminates in this state and is billed to a station in this state; d.    Mobile telecommunications service that is deemed to be provided by the customer’s home service provider under chapter 57-34.1, regardless of where the mobile telecommunications service originates, terminates, or passes through; and

e.    Telegraph service.

7.    “Telecommunications service charges” means the value of all consideration received by a telecommunications carrier for provision of telecommunications service and recovery within the year of telecommunications service charges written off in a prior year as uncollectible. For a telecommunications carrier operating on any form of mutual basis, the term includes all amounts assessed against the members for the operation and maintenance of the business. The term does not include revenue from merchandising, jobbing and contract work, maintenance or repair of customer premises equipment including equipment leased or rented by the customer from any source, operations not directly related to provision of telecommunications service, amounts charged for billing and collection on behalf of another telecommunications carrier, proceeds from transfer of capital stock, or transfer, sale, or lease of property not directly related to telecommunications service. The term does not include amounts collected for or amounts collected from federal and state mechanisms to preserve and advance universal service.

    

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