Section 49-21-01.7 - Powers in generalThe commission has the power to:
1. Investigate all methods and practices of telecommunications companies.2. Require telecommunications companies to conform to the laws of this state and to all rules, regulations, and orders of the commission not contrary to law.3. Require reports as to rates, prices, and terms and conditions of service in effect and used by the company, and all other information deemed relevant and necessary by the commission in the exercise of its authority.4. Compel obedience to its lawful orders by proceedings of mandamus or injunction or other proceedings, in the name of the state, in any court having jurisdiction of the parties or of the subject matter.5. Hold hearings on good cause being shown, upon notice and subject to the provisions of chapter 28-32.6. Employ and fix the compensation of experts, engineers, auditors, attorneys, and other such assistance for complaints, investigations, and other proceedings relating to telecommunications companies. The expense of any hearings, and the compensation and actual expenses of any employees of the commission while engaged upon any such hearings must be paid by the telecommunications company involved in such hearings. The commission shall ascertain the exact cost and expenditure and render a bill for payment. The bill must be delivered by electronic or paper mail or personal delivery to the managing officer of the telecommunications company. Upon receipt of the bill for payment, the telecommunications company has thirty days within which to pay the amount billed. All amounts not paid within thirty days after receipt of the bill thereafter draw interest at the rate of six percent per annum. If the telecommunications company disputes the amount of the bill, the company shall request a hearing. Amounts collected by the commission under this subsection must be deposited in a special account within the public service commission.7. Act upon an application for a certificate of public convenience and necessity under chapter 49-03.1 consistent with section 253 of the federal act, provided a telecommunications company is not required to obtain a certificate of public convenience and necessity to resell telecommunications services.8. Mediate or arbitrate agreements for interconnection, services, or network elements under sections 251 and 252 of the federal act.9. Approve or reject agreements for interconnection, services, or network elements under sections 251 and 252 of the federal act.10. Receive and approve or reject a statement of generally available terms under section 252(f) of the federal act.11. Determine whether to terminate a rural telephone company's exemption under section 251(f) of the federal act.12. Designate telecommunications companies as eligible telecommunications carriers to receive universal service support under sections 214 and 254 of the federal act.13. Designate geographic service areas for the purpose of determining universal service obligations and support mechanisms under the federal act.14. Investigate and resolve numbering issues relating to assignment of NII dialing codes and resolve numbering resource conservation administration and area code assignment issues in accordance with the federal communications commission's numbering resource orders. The commission's jurisdiction with regard to numbering resource conservation administration is limited to those prefixes that are unassigned on January 1, 2005.15. Adopt rules consistent with state law as are necessary to carry out the powers in subsections 7 through 13 provided the rules may not impose obligations on a telecommunications company that are greater than obligations imposed under the act.16. Grant suspensions or modifications under section 251(f) of the federal act.Amended by S.L. 2013, ch. 362 (SB 2055),§ 1, eff. 8/1/2013.