North Dakota § 49-21-24 - Prohibited acts - Arbitration

§ 49-21-24. Prohibited acts - Arbitration

1. A telecommunications company may not: a. Discriminate against another provider of telecommunications services by refusing or delaying access to the company's services; b. Discriminate against another provider of telecommunications services by refusing or delaying access to essential facilities on terms and conditions no less favorable than those the telecommunications company provides to itself and its affiliates. A local telecommunications facility, feature, function, or capability of the 2. telecommunications company's network is an essential facility if all of the following apply: (1) Competitors cannot practically or economically duplicate the facility, feature, function, or capability or obtain the facility, feature, function, or capability from another source. (2) The use of the facility, feature, function, or capability by potential competitors is technically and economically feasible. (3) Denial of the use of the facility, feature, function, or capability by competitors is unreasonable. (4) The facility, feature, function, or capability will enable competition; or c. Degrade the quality of access or service provided to another provider of telecommunications services. A claim that a telecommunications company has violated this section may be resolved by arbitration or by a complaint filed with the commission. Arbitration of a claim must be conducted by a single arbitrator engaged in the practice of law under the rules of the American arbitration association. All expedited procedures prescribed by the American arbitration association rules apply. The arbitrator's award is final and binding and may be entered in any court having jurisdiction thereof. A complaint filed with the commission must be referred to the office of administrative hearings for hearing and issuance of recommended findings of fact, conclusions of law, and an order pursuant to chapter 28-32. Each party shall bear its own costs and attorney's fees and shall equally share in the fees and expenses of the arbitration or administrative hearing.