For the purpose of section 57-39.4-15, the following definitions apply:

Terms Used In North Dakota Code 57-39.4-16

  • 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
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

1.    “Air-to-ground radiotelephone service” means a radio service, as that term is defined in 47 C.F.R. § 22.99, in which common carriers are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft.

2.    “Ancillary services” means services that are associated with or incidental to the provision of telecommunications services, including detailed telecommunications billing, directory assistance, vertical service, and voice mail services.

3.    “Call-by-call basis” means any method of charging for telecommunications services in which the price is measured by individual calls.

4.    “Communications channel” means a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points.

5. “Customer” means the person or entity that contracts with the seller of telecommunications services. If the end user of telecommunications services is not the contracting party, the end user of the telecommunications services is the customer of the telecommunications services, but this sentence only applies for the purpose of sourcing sales of telecommunications services under section 57-39.4-15. “Customer” does not include a reseller of telecommunications services or for mobile telecommunications services of a serving carrier under an agreement to serve the customer outside the home service provider’s licensed service area.

6.    “Customer channel termination point” means the location where the customer either inputs or receives the communications.

7.    “End user” means the person who utilizes the telecommunications services. In the case of an entity, “end user” means the individual who utilizes the services on behalf of the entity.

8.    “Home service provider” means the same as that term is defined in section 124(5) of Public Law 106-252, Mobile Telecommunications Sourcing Act.

    9.    “Mobile telecommunications service” means the same as that term is defined in section 124(7) of Public Law 106-252, Mobile Telecommunications Sourcing Act.

10.    “Place of primary use” means the street address representative of where the customer’s use of the telecommunications services primarily occurs, which must be the residential street address or the primary business street address of the customer.

In the case of mobile telecommunications services, “place of primary use” must be within the licensed service area of the home service provider.

11.    “Post-paid calling service” means the telecommunications services obtained by making a payment on a call-by-call basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card, or debit card, or by charge made to which a telephone number which is not associated with the origination or termination of the telecommunications services. A post-paid calling service includes telecommunications services, except a prepaid wireless calling service, that would be a prepaid calling service except it is not exclusively telecommunications services.

12.    “Prepaid calling service” means the right to access exclusively telecommunications services, which must be paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount.

13.    “Prepaid wireless calling service” means a telecommunications service that provides the right to utilize mobile wireless service as well as other nontelecommunications services, including the download of digital products delivered electronically, content and ancillary services, which must be paid for in advance that is sold in predetermined units or dollars of which the number declines with use in a known amount.

14.    “Private communication service” means telecommunications services that entitle the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which such channel or channels are connected, and includes switching capacity, extension lines, stations, and any other associated services that are provided in connection with the use of such channel or channels.

15.    “Service address” means:

a.    The location of the telecommunications equipment to which a customer’s call is charged and from which the call originates or terminates, regardless of where the call is billed or paid.

b.    If the location in subdivision a is not known, service address means the origination point of the signal of the telecommunications services first identified by either the seller’s telecommunications system or in information received by the seller from its service provider, where the system used to transport such signals is not that of the seller.

c.    If the location in subdivisions a and b are not known, the service address means the location of the customer’s place of primary use.