Section En 401.02 - Application(a) Parts En 401 through En 409 of this chapter shall apply to all telephone utilities except to the extent preempted by the Telecommunications Act of 1996. Part En 410 of this chapter shall apply to all incumbent local exchange carriers (ILECs) operating as excepted local exchange carriers (ELECs) except to the extent preempted by the Telecommunications Act of 1996. Part En 411 shall apply to reports and filings applicable to Voice over Internet Protocol (VoIP) service as defined in RSA 362:7, I(d) or an IP-enabled service as defined in RSA 362:7, I(e) that provides the voice capabilities described in RSA 362:7, I(d)(1) and (3), other than a cellular mobile radio communications service provider or any entity to which RSA 363-A:2, I(c) applies. Part En 413 of this chapter shall apply to telecommunications carriers as defined under the Communications Act of 1934, as amended.(b) These rules do not apply to VoIP and IP-enabled services pursuant to RSA 362:7, II or to cellular mobile radio communications pursuant to RSA 362:6.(c) In addition, the following department rules shall apply to all telephone utilities except to the extent preempted by the Telecommunications Act of 1996:(1) En 102, relative to definition of terms;(2) En 200, procedural rules;(3) En 800, underground utility damage protection program; and(4) En 1300, utility pole attachments.N.H. Admin. Code § En 401.02
Derived from Number 28, Filed July 11, 2024, Proposed by #14015, Effective 7/1/2024, Expires7/1/2034 (see Revision Note at chapter heading for En 400).