# Title 69 — Public Service Commission

## Article 69-09 — Public Utility Division

## Chapter 69-09-05 — Standards of Service - Telephone

Telecommunications Company - Procedure
### § 69-09-05-00.1. Definitions.

1. "Competitive local exchange company" means any telecommunications company providing
local exchange service, other than an incumbent local exchange carrier, whether by its own
facilities, interconnection, or resale.
2. "Eligible telecommunications carrier" means a telecommunications company designated under
section 214(e) of the Telecommunications Act of 1996 as eligible to receive universal service
support in accordance with section 254 of the Telecommunications Act of 1996.
3. "End user" means a person who uses telecommunications service for the person's own use.
4. "Incumbent local exchange company" means a telecommunications company that meets the
definition of section 251(h) of the Telecommunications Act of 1996.
5. "Lifeline service" means a retail local telecommunications offering for which qualifying
low-income consumers pay reduced recurring charges for universal service.
6. "Link-up service" means a reduction in the carrier's customary charge for commencing
telecommunications service for a single telecommunications connection at a consumer's
principal place of residence.
7. "Local exchange company" means an incumbent or competitive local exchange company.
8. "Telecommunications Act of 1996" means the Telecommunications Act of 1996 [Pub. L.
104-104; 110 Stat. 56; 47 U.S.C. 151 et seq.].
History: Effective January 1, 2001.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-21, 49-21-01.7

### § 69-09-05-01. Lowest priced service alternatives.

Upon request of a residential customer or prospective customer for service, the utility shall ask if
such customer wishes to be informed of the lowest priced service alternatives available from the utility,
and upon an affirmative response shall inform such customer of the lowest priced service alternatives
available from the utility at the customer's location, giving full consideration to grades of service,
equipment options, and installation charges incident thereto. The lowest priced service alternative
includes service under the lifeline and link-up plans.
History: Amended effective January 1, 2001.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-21-01.4, 49-21-01.7, 49-21-07
### § 69-09-05-02. Discontinuance of telecommunications services.

A utility may not discontinue telecommunications services, except as provided in this section.
1. A utility may discontinue the essential services it provides:
a. If the customer is delinquent in payment for essential services, then essential services
may be discontinued even though discontinuing the services results in the
discontinuance of all telecommunications services.
b. If the customer is delinquent in payment for long-distance services rendered by a local
exchange company or another company and billed by the local exchange company, but
is not delinquent in payment for essential services rendered by the local exchange
company, the local exchange company may discontinue the customer's local exchange
services only at central offices lacking the technical ability to discontinue long-distance
services while continuing to provide local exchange services.
2. A utility may discontinue nonessential services:
a. If the customer is delinquent in payment for nonessential services.
b. If the customer is delinquent in payment for long-distance telecommunications services
rendered by another company and billed by the local exchange company, then the local
exchange company may deny the customer all forms of access to the network of the
telecommunications company to which the customer is delinquent in payment. However,
if due to technical limitations, a local exchange company must also deny the customer all
forms of access to the long-distance networks of all telecommunications companies,
including its own, in order to deny the customer access to the network of the company to
which the customer is delinquent, the local exchange company may do so.
3. A utility may discontinue service to a customer for failure to comply with regulations of the
utility on file with the commission pertaining to installation and use of equipment, or for use of
equipment which interferes with or adversely affects the service to other customers, provided
the customer has first been notified and afforded reasonable opportunity to change or
disconnect such equipment.
4. A utility may not discontinue service to a customer for failure of the customer to pay for
merchandise purchased from the utility, to pay for a different class of service furnished by the
utility, to pay for service rendered to a previous occupant of the premises, or to pay the bill of
another customer as guarantor thereof.
5. A utility may not discontinue service to a customer for failure to pay for service until the utility
first gives the customer notice of its intention to discontinue such service on account of
delinquency. The notice must:

a. Be sent by first-class mail addressed to the billing name and address of the affected
account.
b. Show the amount of the delinquency.
c. Include the telephone number of the public service commission.
d. Advise the customer of the customer's rights and remedies, including the customer's right
to work out a satisfactory deferred installment agreement for delinquent accounts.
e. Inform the customer that service will be discontinued if the delinquent account is not paid
within ten calendar days from the date of mailing or personal delivery of the notice, or if a
satisfactory installment agreement is not made with the utility for payment of the
delinquent bill. The utility may discontinue service without further notice if the customer
fails to pay the delinquent account by the due date.
6. a. A deferred installment agreement for essential services may not be combined with a
deferred installment agreement for any other services.
b. A utility may not discontinue essential services if the utility and the customer make a
mutually agreed-upon deferred installment agreement for essential services. A utility may
discontinue essential services without further notice if the customer fails to pay the
delinquent account in accordance with the deferred installment agreement.
c. A utility may not discontinue nonessential services if the utility and the customer make a
mutually agreed-upon deferred installment agreement for nonessential services. A utility
may discontinue nonessential services without further notice if the customer fails to pay
the delinquent account in accordance with the deferred installment agreement.
7. The customer may pay the delinquent account at any time prior to the actual discontinuance
of service.
8. Whenever service has been discontinued for nonpayment of a bill, service must be resumed if
the customer:
a. Pays the fee for resuming service established in the utility's rate schedules;
b. Makes a deposit under section 69-09-05-03 (if required by the company); and
c. Makes a satisfactory settlement for the delinquent bill and for the service rendered to the
date the service was discontinued.
Interexchange carriers are not required to resume long-distance service if local service is not
connected.
9. If the customer disputes the amount of a bill for service, the customer may, to prevent
discontinuance for nonpayment, pay the disputed bill under protest to the utility. Alternatively,
the customer may request a formal hearing pursuant to section 69-02-02-02 in which case the
utility may not discontinue service for nonpayment of the disputed bill until a final decision has
been issued by the commission. The utility shall immediately give the commission notice of
the dispute and the commission may investigate the dispute. The utility shall refund to the
customer any part of such payment made under protest found by the commission to be
excessive.
10. The commission may order the discontinuance of services where a reseller or operator
services provider violates commission rules. The commission will provide ten days' notice of a
deficiency or violation and provide an opportunity for the noncomplying reseller or operator

services provider to respond or correct the deficiency. A reseller or operator services provider
disputing the alleged violation or discontinuance may request a formal hearing under section
69-02-02-02, in which case the discontinuance will be stayed until final decision by the
commission.
11. a. Except for discontinuance due to delinquency, a competitive local exchange company
may not discontinue service to a customer without first providing the customer with
twenty days' written notice of the intent to discontinue service. The notice of intent to
discontinue service shall inform the customer of its right to choose between local
exchange companies, if more than one local exchange company is providing essential
services.
b. A telecommunications company may not interfere with a competitive local exchange
company's obligation to provide notice to a customer; provided that a
telecommunications company may disconnect service to a competitive local exchange
company under the terms of a resale or interconnection agreement so long as the
interconnection agreement is consistent with law and rules.
12. Except in the case of discontinuance for nonpayment, if a telecommunications company
providing interexchange service intends to discontinue service or is forced to discontinue
service due to abandonment, acquisition, bankruptcy, or for other reasons, the company must
provide reasonable advance notice of the discontinuance to each customer. The notice must
inform the customer that the customer must choose another primary interexchange carrier or
use an alternative service.
History: Effective April 1, 1985; amended effective January 1, 1993; May 1, 1996; July 1, 1997,
amendments voided by the Administrative Rules Committee, effective August 16, 1997; January 1,
2001; July 1, 2006.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-21, 49-21-01.4, 49-21-01.7, 49-21-07
### § 69-09-05-02.1. Determination of delinquency.

For the purpose of discontinuing or resuming telecommunications service:
1. If a customer's partial payment on outstanding charges for telecommunications services
excluding payments on a deferred installment agreement is less than the outstanding charges
for essential services and federal access charges, the customer is delinquent in payment for
essential services.
2. If a customer's partial payment on outstanding charges for telecommunications services
excluding payments on a deferred installment agreement is equal to or greater than the
outstanding charges for essential services and federal access charges, the customer is not
delinquent in payment for essential services.
History: Effective January 1, 1993.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-21, 49-21-01.4, 49-21-01.7, 49-21-07
### § 69-09-05-03. Deposits and guarantees.

1. Each telephone utility subject to the public service commission's jurisdiction may require each
applicant for service to make a deposit not to exceed two times the estimated amount of one
month's average bill. The utility shall each year pay interest on such deposit at the rate paid by
the Bank of North Dakota on a six-month certificate of deposit. Such rate will be determined
as of the first business day of each year on a six-month certificate of deposit with the smallest
deposit required. The interest may be paid to the depositor or may be deducted from the

depositor's indebtedness to the utility for telephone service. The payment or deduction for
interest must be made during each calendar year, or whenever a deposit is refunded or
service discontinued. The utility may accept in lieu of a cash deposit a contract signed by a
guarantor, satisfactory to the utility, whereby the payment of a specified sum not to exceed the
required cash deposit is guaranteed. The term of such contract must be indeterminate, but it
must automatically terminate when the customer gives notice of service discontinuance to the
utility or a change in location covered by the guarantee agreement or thirty days after written
request for termination is made to the utility by the guarantor. However, no agreement may be
terminated without the customer having made satisfactory settlement for any balance which
the customer owes the utility. Upon termination of a guarantee contract, a new contract or a
cash deposit may be required by the utility.
2. An eligible telecommunications carrier may not collect a service deposit in order to initiate
lifeline service, if the qualifying low-income consumer voluntarily elects toll blocking from the
carrier, where available. If toll blocking is unavailable, the carrier may charge a service
deposit.
History: Effective April 1, 1985; amended effective August 1, 1994; January 1, 2001.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-21, 49-21-01.4, 49-21-01.7, 49-21-07
### § 69-09-05-04. Rules for resale of telecommunications services.

1. Definitions.
a. "Premise cable" means telecommunications cable or channels on the reseller's side of
the point of connection to the local exchange company (demarcation point).
b. "Prepayment" means payments made by customers of a reseller in advance of receiving
service. Prepayment includes a deposit and any customer payment for
telecommunications service in advance of receiving the full amount of service for which
payment is made.
c. "Resale" means the subscription to local or long-distance telecommunications services
and facilities by one entity, and reoffered for profit or with markup to others with or without
enhancements. Where reoffered service is part of a package, and the package is offered
for profit or markup, it is resale.
d. "Reseller" means a person reselling local or long-distance telecommunications services.
The definition does not include pay telephone providers, but does include a cellular and
personal communication service provider who resells cellular or other wireless service.
e. "Same continuous property" is contiguous real estate owned by the same individual,
group of individuals, or other legal entity having title to the property. The property may be
traversed by streets, ditches, or other similar manmade or natural terrain features
provided that, but for terrain features, the property would be contiguous and provided that
such terrain features are of a nature and dimension that it is reasonable to treat the
property as contiguous.
f. "Shared tenant service provider" means a person reselling telecommunications services
to the tenants of a building complex on the same continuous property or to parties with a
community of interest.
2. A reseller may not operate in North Dakota except in compliance with applicable laws and
rules. A reseller shall:

a. Register with the commission, on a form provided by the commission, indicating the
provision of local resale or long-distance resale services in the state of North Dakota.
b. If a reseller requires prepayment for service, it shall:
(1) Submit a performance bond in an amount specified by the commission; or
(2) Establish an escrow account in a North Dakota bank containing an amount equal to
the prepayments collected at any given time, and file monthly reports showing
escrow account activities and call completion data.
(3) Under subsection 7 of North Dakota Century Code section 49-03.7-09 the bonding
requirement does not apply to a facility-based company providing commercial
mobile radio service, as defined in title 47, Code of Federal Regulations, part 20,
section 20.3.
(4) The requirements of paragraphs 1 and 2 are subject to a twenty-five thousand dollar
minimum for resellers of local service other than by means of a prepaid calling card.
The required amount of a performance bond is the product of the estimated level of
customers after three years of operation, times the amount of required customer
prepayments, or twenty-five thousand dollars, whichever is greater. The required
amount of an escrow account is an amount equal to the prepayments at any given
time but no less than twenty-five thousand dollars.
(5) The requirements of paragraphs 1 and 2 are subject to a two thousand five hundred
dollar minimum for resellers of any service other than the local service subject to
paragraph 4. The amount of a performance bond is the product of the estimated
level of customers after three years of operation, times the amount of required
customer prepayments, or two thousand five hundred dollars, whichever is greater.
The amount of an escrow account is an amount equal to the prepayments, including
prepaid calling cards, at any given time.
3. A reseller may not be identified as an optional intrastate interexchange carrier unless it is
registered with the commission.
4. Except for residents of dormitories or residence halls of schools, colleges, or universities, the
end user has the unrestricted right to choose service from the incumbent local exchange
company.
5. A shared tenant service provider shall allow the tenant to use the shared tenant service
provider's premise cable and wire in the event an end user wants to receive service from the
local exchange company.
6. The reseller is responsible for the charges incurred for telecommunications services to which it
subscribes for serving its end users.
7. A reseller is subject to revocation of its authority and the penalties provided in North Dakota
Century Code chapters 49-03.1 and 49-07 for violation of any applicable law or rule.
History: Effective March 1, 1989; amended effective August 1, 1991; December 1, 1993; February 1,
1995; July 1, 1997; January 1, 2001; July 1, 2006.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-03.1-01, 49-03.1-03, 49-21, 49-21-01.7, 49-21-07

### § 69-09-05-04.1. Identification of intraLATA interexchange carriers.

1. A local exchange carrier shall not identify a telecommunications company as an optional
intrastate interexchange carrier unless the telecommunications company provides the local
exchange company with evidence of an effective registration authorizing the provision of
intrastate interexchange service.
2. A telecommunications company shall immediately notify in writing all local exchange
companies for which it has requested identification as an optional intrastate interexchange
carrier if the telecommunications company's authority to provide interexchange service is
revoked or abandoned. A local exchange company shall cease to identify a
telecommunications company as an optional intrastate interexchange carrier upon receipt of a
written notice that the telecommunications company's authority to provide interexchange
service has been revoked or abandoned.
History: Effective February 1, 1995; amended effective January 1, 2001; July 1, 2006.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-03.1-01, 49-03.1-03, 49-21
### § 69-09-05-04.2. Unauthorized service changes.

A telecommunications company may not change a customer's local or long-distance carrier without
authorization from the customer.
History: Effective July 1, 1997.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-21, 49-21-01.7, 49-21-02.4, 49-21-07
### § 69-09-05-05. Rules for the provision of operator services.

1. Definitions.
a. "End user" means the person to whom operator service is provided.
b. "Operator service" means service provided to assist in the completion or billing of
telephone calls through the use of a live operator or automated equipment. "Operator
service" does not include completion of calls through an 800 number or an access code
when billed to an account previously established with the carrier by the end user, or the
automated operator services provided by pay telephone sets with built-in automated
operator messages.
c. "Operator service provider" means the person providing operator service.
2. Operator service providers shall:
a. Register with the commission authorizing the provision of operator services in the state of
North Dakota.
b. Provide written material for use in disclosing to the end user the name and toll-free
telephone number of the operator service provider. This material must be provided to all
coin telephone operators, motels, hospitals, and any other locations where end users
may use telephone service not billable to their home or business telephones without
operator service.
c. Require operators to clearly identify the operator service provider to all end users and
when requested, provide rate information.

d. Provide emergency call service that is equal to that provided by the local exchange
telephone company and, if unable to meet this requirement, provide emergency call
service by immediate transfer of such calls to the local exchange company.
e. For billing purposes, itemize, identify, and rate calls from the point of origination to the
point of termination. No call may be transferred to another carrier by an operator service
provider which cannot or will not complete the call, unless the call can be billed in
accordance with this subsection.
f. Not charge for incompleted calls.
g. Disclose their names on bills which include charges for services they provided.
History: Effective March 1, 1989; amended effective August 1, 1991; May 1, 1996; January 1, 2001;
July 1, 2006.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-03.1-01, 49-03.1-03, 49-21, 49-21-01.7, 49-21-07
### § 69-09-05-06. Rules for pay telephones.

Repealed effective August 1, 1994.
### § 69-09-05-07. Customer trouble reports.

When a customer's service is found to be out of order or a customer reports trouble, the local
exchange telecommunications company shall test its facilities to determine if the problem is with the
local exchange company's facilities. If it is, the local exchange company shall correct the trouble
promptly. There may be no charge to the customer to test to determine if the problem is on the local
exchange company's facilities or to correct a problem on the local exchange company's facilities. A
local exchange company shall inform a customer in advance what charges will be assessed to identify
or correct a problem located on the customer's facilities.
History: Effective August 1, 1991; amended effective January 1, 2001.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 49-21, 49-21-01.7
### § 69-09-05-08. Adoption of regulations.

The following parts of title 47, Code of Federal Regulations in effect as of July 17, 1997, are
adopted by reference:
Part 54 - Universal Service, Subpart F - Universal Service Support for Schools and Libraries.
Copies of these regulations may be obtained from:
Public Service Commission
State Capitol
Bismarck, North Dakota 58505-0480
History: Effective March 1, 1998.
General Authority: NDCC 28-32-02, 49-02-01
Law Implemented: NDCC 49-21

### § 69-09-05-09. 911 and E-911 service.

Each competitive local exchange company shall provide 911 or E-911 service that is comparable to
the 911 or E-911 service provided by the incumbent local exchange company operating in each
respective service area in which the competitive local exchange company offers service.
History: Effective January 1, 2001.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-21, 49-21-01.7, 49-21-07, 49-21-24
### § 69-09-05-10. Registration - Procedure.

1. A reseller or competitive facilities-based provider desiring authority to provide service in North
Dakota shall register on a form provided by the commission. The registration shall include
identification of the applicant's authority to do business in North Dakota.
2. A reseller shall follow the procedure set forth in section 69-09-05-04.
3. When a registered company intends to assign its authority to provide telecommunications
service in North Dakota to another entity, the assignee must first register with the commission.
4. A registered company may voluntarily, without commission approval, surrender its authority by
notifying the commission in writing and updating its registration to reflect this surrender.
5. A competitive local exchange company intending to surrender its authority to provide local
exchange service must provide twenty days' prior written notice to the company's customers.
History: Effective January 1, 2001; amended effective July 1, 2006.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-03.1-01, 49-03.1-03, 49-21
### § 69-09-05-11. Certificate of public convenience and necessity for incumbent local

telecommunications company - Procedure.
1. An applicant for a certificate of public convenience and necessity as an incumbent local
exchange company shall file an application with the commission which includes evidence of
the applicant's authority to do business in North Dakota, conforms to the commission's rules of
practice and procedure under article 69-02, and which identifies:
a. The type of service the applicant intends to provide.
b. The service area or areas in which the applicant intends to provide service.
c. How the applicant meets the issues to be considered in the application.
2. An applicant for a certificate of public convenience and necessity must also file consolidated
financial statements for the most recent year available, including:
a. A balance sheet of the form and style usually followed in the industry.
b. An income statement of the form and style usually followed in the industry.
c. If available, an independent accountant's financial opinion.
d. Any other information requested by the commission.
3. In order to implement North Dakota Century Code chapter 49-03.1 consistent with the
Telecommunications Act of 1996, issues to be considered in an application for a certificate of

public convenience and necessity for a facilities-based provider of telecommunications
services are:
a. Fitness and ability of the applicant to provide service.
b. Adequacy of the proposed service.
c. The technical, financial, and managerial ability of the applicant to provide service.
4. If the application is to be decided on a notice of opportunity for hearing, the applicant shall file
affidavits sufficient to meet the applicant's burden of proof on the issues.
5. When the holder of a certificate of public convenience and necessity intends to assign the
authority to provide telecommunications service in North Dakota to another entity, the
assignee must first obtain a certificate of public convenience and necessity from the
commission.
6. Abandonment of a certificate of public convenience and necessity for an incumbent local
exchange company requires prior commission approval.
History: Effective January 1, 2001; amended effective July 1, 2006.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-03.1-01, 49-03.1-03, 49-21, 49-21-01.7(7)
### § 69-09-05-12. Eligible telecommunications carrier applications and advertising.

1. A telecommunications company that desires designation as an eligible telecommunications
carrier as that term is defined in the Telecommunications Act of 1996 shall make application
for such designation with the commission.
2. An application for designation as an eligible telecommunications carrier must specifically
identify:
a. The proposed designated service area. Applicants that will not be classified as the
incumbent local exchange carrier shall identify the incumbent local exchange carrier
study areas that are located, in whole or in part, in the proposed designated service area;
b. How the applicant meets the requirements for designation as an eligible
telecommunications carrier;
c. Whether the applicant requires a waiver of any eligible telecommunications carrier
requirement; and
d. If a waiver is required, the specific reasons for the waiver and the length of time for which
the waiver is required.
3. An applicant for designation as an eligible telecommunications carrier shall:
a. Commit to provide service throughout its proposed designated service area to all
customers making a reasonable request for service. Each applicant shall certify that it
will:
(1) Provide service on a timely basis to requesting customers within the applicant's
proposed designated service area where the applicant's network already passes the
potential customer's premises; and

(2) Provide service within a reasonable period of time, if the potential customer is within
the applicant's proposed designated service area but outside its existing network
coverage, if service can be provided at reasonable cost by:
(a) Modifying or replacing the requesting customer's equipment;
(b) Deploying a roof-mounted antenna or other equipment;
(c) Adjusting the nearest cell tower;
(d) Adjusting network or customer facilities;
(e) Reselling services from another carrier's facilities to provide service; or
(f) Employing, leasing, or constructing an additional cell site, cell extender,
repeater, or other similar equipment.
b. Submit a report estimating the amount of federal high-cost universal service support the
applicant expects to receive in the first year following designation as an eligible
telecommunications carrier and describing how that support is projected to be used for
the provision, maintenance, or upgrading of the carrier's facilities and services pursuant
to section 254 of the Telecommunications Act of 1996. The report must identify specific
construction, maintenance, or upgrade projects; describe how service will be improved
by each project; and provide the projected start date and completion date for each
improvement, the estimated amount of investment for each of the specific geographic
area where each improvement will be made, and the estimated population that will be
served by each improvement. For applicants that will be classified as the incumbent local
exchange carrier, the information required shall be submitted at the study area level. For
other applicants, the information shall be submitted at the incumbent local exchange
carrier study area level. If a study area or designated service area includes geographic
areas in more than one state, the information shall also be submitted at the North Dakota
level.
c. Certify that it is able to remain functional in emergency situations, including a certification
that it has a reasonable amount of backup power to ensure functionality without an
external power source, is able to reroute traffic around damaged facilities, and is capable
of managing traffic spikes resulting from emergency situations.
d. Certify that it will satisfy applicable consumer protection and service quality standards. A
commitment by wireless applicants to comply with the cellular telecommunications and
internet association's consumer code for wireless service will satisfy this requirement.
Other commitments will be considered on a case-by-case basis.
e. Demonstrate that it offers a local usage plan comparable to the one offered by the
incumbent LEC in the proposed designated service area.
f. Certify that the carrier acknowledges that the commission may require it to provide equal
access to long-distance carriers in the event that no other eligible telecommunications
carrier is providing equal access within the proposed designated service area. Wireless
carriers must certify that the carrier acknowledges that the federal communications
commission may require it to provide equal access to long-distance carriers in the event
no other eligible telecommunications carrier is providing equal access within the
proposed designated service area.
4. Any common carrier that has been designated as an eligible telecommunications carrier or
that has submitted its application for designation before July 1, 2007, must submit the

information required by subsection 3 no later than August 1, 2007, as part of its annual
reporting requirements.
5. Prior to designating an eligible telecommunications carrier, the commission shall determine
that such designation is in the public interest. In doing so, the commission shall consider the
benefits of increased consumer choice and the unique advantages and disadvantages of the
applicant's service offering. When an eligible telecommunications carrier applicant seeks
designation below the study area level of a rural telephone company, the commission shall
also conduct an analysis that compares the population density of each wire center in which
the eligible telecommunications carrier applicant seeks designation against that of the wire
centers in the study area in which the eligible telecommunications carrier applicant does not
seek designation. In its analysis, the commission shall consider other factors, such as
disaggregation of support by the incumbent local exchange carrier.
6. Eligible telecommunications carrier advertising. The following forms of advertising of the
availability of universal service are required of an eligible telecommunications carrier:
a. A full description of available services in the eligible telecommunications carrier's official
telephone directory, including the process to be used by customers to qualify for lifeline
and link-up service.
b. Advertising of the availability of universal services in media of general circulation in each
eligible telecommunications carrier's designated service areas. Availability may be
advertised in newspapers, company newsletters, company or civic internet sites, bill
stuffers, direct mailings, or other means intended to convey availability throughout the
service area.
History: Effective January 1, 2001; amended effective July 1, 2007.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-21, 49-21-01.7, 49-21-07
### § 69-09-05-12.1. Annual reporting requirements for designated eligible telecommunications

carriers.
Eligible telecommunications carriers shall file with the commission on or before August first of each
year, beginning in 2007:
1. A report describing the amount of high-cost universal service support the eligible
telecommunications carrier received in the prior calendar year and how that support was used
for the provision, maintenance, or upgrading of the carrier's facilities and services. The report
must also explain any changes from reports that have been previously provided to the
commission. The report must include an estimate of the amount of federal high-cost universal
service support the carrier anticipates receiving in the following calendar year and describe
how that support is projected to be used for the provision, maintenance, or upgrading of the
carrier's facilities and services pursuant to section 254 of the Telecommunications Act of 1996.
The prior calendar year and following calendar year reports must identify specific construction
or upgrade projects, describe how service will be improved by each project, and provide the
start date and completion date for each improvement, the amount of investment for each
improvement, the specific geographic area where each improvement will be made, and the
estimated population that will be served by each improvement. For eligible
telecommunications carriers that are classified as the incumbent local exchange carrier, the
information required must be submitted at the study area level. For other eligible
telecommunications carriers, the information must be submitted at the incumbent local
exchange carrier study area level. If a study area or designated service area includes
geographic areas in more than one state, the information must also be submitted at the North
Dakota level.

2. Detailed information on any outage, as that term is defined in 47 C.F.R. section 4.5, of at least
thirty minutes in duration for each designated service area for any facilities it owns, operates,
leases, or otherwise utilizes that potentially affect at least ten percent of the end users served
in a designated service area, or a 911 special facility, as defined in 47 C.F.R. section 4.5(e).
Specifically, the eligible telecommunications carrier's annual report must include information
detailing:
a. The date and time of onset of the outage;
b. A brief description of the outage and its resolution;
c. The particular services affected;
d. The geographic areas affected by the outage;
e. Steps taken to prevent a similar situation in the future; and
f. The number of customers affected.
Eligible telecommunications carriers may file a copy of federal communications commission
outage reports that include the information required by this subsection to satisfy this
requirement.
3. The number of requests for service from potential customers within the designated service
area that were unfulfilled during the past year. The carrier shall also detail how it attempted to
provide service to those potential customers.
4. The number of complaints per one thousand handsets or lines.
5. Certification that it is complying with applicable service quality standards and consumer
protection rules.
6. Certification that the carrier is able to function in emergency situations.
7. Certification that the carrier is offering a local usage plan comparable to that offered by the
incumbent LEC in the relevant designated service area.
8. Certification that the carrier acknowledges that the commission may require it to provide equal
access to long-distance carriers in the event that no other eligible telecommunications carrier
is providing equal access within the designated service area. Wireless carriers must certify
that the carrier acknowledges that the federal communications commission may require it to
provide equal access to long-distance carriers in the event no other eligible
telecommunications carrier is providing equal access within the designated service area.
History: Effective July 1, 2007.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-21, 49-21-01.7, 49-21-07
### § 69-09-05-13. Essential service provider bills.

A provider of essential service, on any bill issued for the provision of essential services, shall:
1. Clearly disclose its name, business address, and a toll-free customer inquiry telephone
number. The company name and business address must also be made available via the
toll-free customer inquiry number;
2. Clearly and separately identify the essential services for which the bill is issued;

3. Clearly identify all taxes, fees, and surcharges associated with the essential services for which
the bill is issued; and
4. Disclose that the provision of essential services may not be discontinued by the provider for
nonpayment of charges for nonessential services or use other language that complies with
federal billing rules.
History: Effective January 1, 2001.
General Authority: NDCC 28-32-02, 49-02-01.1, 49-21-01.7
Law Implemented: NDCC 49-21, 49-21-01.4, 49-21-01.7, 49-21-07
### § 69-09-05-14. Procedure for filing negotiated interconnection agreements.

Carrier-to-carrier interconnection agreements adopted by negotiation must be filed for commission
approval under 47 U.S.C. section 252(e), following the procedure set out in this section.
1. The requirements of this section apply to interconnection agreements negotiated under
47 U.S.C. section 251; assignments, assumptions or transfers of interconnection agreements;
amendments to interconnection agreements; and agreements for Qwest platform plus (QPP)
services. The requirements of this section do not apply to commercial line sharing
agreements.
2. Each filing must include a completed cover sheet in a form prescribed by the commission.
3. Filed interconnection agreements will be listed on the commission internet site for comment by
interested parties. The internet listing will include the date each agreement was filed and links
to the agreement itself.
4. The commission will accept written comments on a listed agreement for sixty days from the
date filed.
5. Absent commission action within ninety days of filing to disapprove an agreement, or portion
thereof, the agreement will be deemed approved under 47 U.S.C. section 252(e)(4).
6. Any assignment, assumption, or transfer of an approved interconnection agreement requires
notification to be filed with the commission within thirty days after the assignment, assumption,
or transfer occurs.
7. Any amendment to an interconnection agreement requires a new filing with a new ninety-day
review and comment period.
History: Effective July 1, 2006.
General Authority: NDCC 28-32-02, 49-21-01.7
Law Implemented: NDCC 49-21, 49-21-01.7
