49-21-01.1. Inapplicability of provisions of chapter

49-21-01.1. Inapplicability of provisions of chapter

Telecommunications service does not include and the provisions of this title do not apply to:

1. The one-way transmission of radio or television signals for broadcast purposes,

including the one-way transmission of videoprogramming or other programming

service by a cable system as well as subscriber interaction, if any, which is required for

the selection of such videoprogramming or other programming service.

2. A hospital, hotel, motel, or similar place of temporary accommodation owning or

operating message switching or billing equipment solely for the purpose of reselling

telecommunications services to its patients or guests.

3. Telegraph service.

4. Except as provided in section 49-21-01.5, home, business, and coinless or

coin-operated public or semipublic telephone terminal equipment and the use of such

equipment.

5. The lease of telecommunications equipment by a telecommunications company from a

person whose business is the leasing or sale of such equipment.

6. Billing and collection services.

7. Inside wire and premise cable installation and maintenance.

8. Directory services that are not essential.

9. Private line transport service.

10. Services or facilities provided by a system or institution of higher education to:

a. Institution employees or students at institution facilities or housing owned or

leased by the institution;

b. Affiliated organizations, including alumni operations and research foundations,

formed for the purpose of supporting the institution or leased by the institution

and offering products and services intended primarily for the benefit of institution

employees, students, or guests;

c. Other persons or entities located on property owned or leased by the institution

and offering products and services intended primarily for the benefit of institution

employees, students, or guests;

d. Casual users using the institution's facilities for conferences, seminars and other

similar special events, and broadcasters of athletic events;

e. Occupants of technology parks, or business incubators receiving secretarial or

business startup support in facilities owned or leased by the institution during a

business startup phase for a term not to exceed four years or until August 1,

2005, whichever is later; and

f. Educational, governmental, and nonprofit users of system or institution interactive

videoconferencing site facilities and associated network services.

Institutions may not unreasonably restrict access by a telecommunications company to

institution facilities for the purpose of furnishing telecommunications services to

residents in institution housing or to other persons or entities leasing institution

facilities, except institutions may limit access to residence halls. Institutions may

require reasonable payment for and adopt reasonable restrictions on the use of

institution telecommunications infrastructure to avoid service interruptions or increased

maintenance or administrative burdens.