§ 62-3. Definitions. - North Carolina Statutes

§ 62‑3.  Definitions.

As used in this Chapter, unless the context otherwise requires, theterm:

(1)        "Broadband service" means any service thatconsists of or includes a high‑speed access capability to transmit at arate of not less than 200 kilobits per second in either the upstream ordownstream direction and either (i) is used to provide access to the Internet,or (ii) provides computer processing, information storage, information content,or protocol conversion, including any service applications or informationservice provided over such high‑speed access service. "Broadbandservice" does not include intrastate service that was tariffed by theCommission and in effect as of the effective date of this subdivision.

(1a)      "Broker," with regard to motor carriers ofpassengers, means any person not included in the term "motor carrier"and not a bona fide employee or agent of any such carrier, who or which asprincipal or agent engages in the business of selling or offering for sale anytransportation of passengers by motor carrier, or negotiates for or holdshimself, or itself, out by solicitation, advertisements, or otherwise, as onewho sells, provides, furnishes, contracts, or arranges for such transportationfor compensation, either directly or indirectly.

(1b)      "Bus company" means any common carrier by motorvehicle which holds itself out to the general public to engage in thetransportation by motor vehicle in intrastate commerce of passengers over fixedroutes or in charter operations, or both, except as exempted in G.S. 62‑260.

(2)        "Certificate" means a certificate of publicconvenience and necessity issued by the Commission to a public utility or acertificate of authority issued by the Commission to a bus company.

(3)        "Certified mail" means such mail only when areturn receipt is requested.

(4)        "Charter operations" with regard to bus companiesmeans the transportation of a group of persons for sightseeing purposes,pleasure tours, and other types of special operations, or the transportation ofa group of persons who, pursuant to a common purpose and under a singlecontract, and for a fixed charge for the vehicle, have acquired the exclusiveuse of a passenger‑carrying motor vehicle to travel together as a groupto a specified destination or for a particular itinerary, either agreed upon inadvance or modified by the chartered group after having left the place oforigin.

(5)        "Commission" means the North Carolina UtilitiesCommission.

(6)        "Common carrier" means any person, other than acarrier by rail, which holds itself out to the general public to engage intransportation of persons or household goods for compensation, includingtransportation by bus, truck, boat or other conveyance, except as exempted inG.S. 62‑260.

(7)        "Common carrier by motor vehicle" means any personwhich holds itself out to the general public to engage in the transportation bymotor vehicle in intrastate commerce of persons or household goods or any classor classes thereof for compensation, whether over regular or irregular routes,or in charter operations, except as exempted in G.S. 62‑260.

(7a)      "Competing local provider" means any personapplying for a certificate to provide local exchange or exchange accessservices in competition with a local exchange company.

(8),       (9) Repealed by Session Laws 1995, c. 523, s. 1.

(9a)      "Fixed route" means the specific highway orhighways over which a bus company is authorized to operate between fixedtermini.

(10)      "Foreign commerce" means commerce between any placein the United States and any place in a foreign country, or between places inthe United States through any foreign country.

(11)      "Franchise" means the grant of authority by theCommission to any person to engage in business as a public utility, whether ornot exclusive or shared with others or restricted as to terms and conditionsand whether described by area or territory or not, and includes certificates,and all other forms of licenses or orders and decisions granting suchauthority.

(12)      "Highway" means any road or street in this State usedby the public or dedicated or appropriated to public use.

(13)      "Industrial plant" means any plant, mill, orfactory engaged in the business of manufacturing.

(14)      "Interstate commerce" means commerce between anyplace in a state and any place in another state or between places in the samestate through another state.

(15)      "Intrastate commerce" means commerce between pointsand over a route or within a territory wholly within this State, which commerceis not a part of a prior or subsequent movement to or from points outside ofthis State in interstate or foreign commerce, and includes all transportationwithin this State for compensation in interstate or foreign commerce which hasbeen exempted by Congress from federal regulation.

(16)      "Intrastate operations" means the transportation ofpersons or household goods for compensation in intrastate commerce.

(16a)    "Local exchange company" means a person holding, onJanuary 1, 1995, a certificate to provide local exchange services or exchangeaccess services.

(17)      "Motor carrier" means a common carrier by motorvehicle.

(18)      "Motor vehicle" means any vehicle, machine,tractor, semi‑trailer, or any combination thereof, which is propelled ordrawn by mechanical power and used upon the highways within the State.

(19)      "Municipality" means any incorporated community,whether designated in its charter as a city, town, or village.

(20)      Repealed by Session Laws 1995, c. 523, s. 1.

(21)      "Person" means a corporation, individual,copartnership, company, association, or any combination of individuals ororganizations doing business as a unit, and includes any trustee, receiver,assignee, lessee, or personal representative thereof.

(22)      "Private carrier" means any person, other than acarrier by rail, not included in the definitions of common carrier, whichtransports in intrastate commerce in its own vehicle or vehicles property ofwhich such person is the owner, lessee, or bailee, when such transportation isfor the purpose of sale, lease, rent, or bailment, or when such transportationis purely an incidental adjunct to some other established private businessowned and operated by such person other than the transportation of householdgoods for compensation.

(23)     a.         "Publicutility" means a person, whether organized under the laws of this State orunder the laws of any other state or country, now or hereafter owning oroperating in this State equipment or facilities for:

1.         Producing, generating, transmitting, delivering orfurnishing electricity, piped gas, steam or any other like agency for theproduction of light, heat or power to or for the public for compensation;provided, however, that the term "public utility" shall not includepersons who construct or operate an electric generating facility, the primarypurpose of which facility is for such person's own use and not for the primarypurpose of producing electricity, heat, or steam for sale to or for the publicfor compensation;

2.         Diverting, developing, pumping, impounding, distributing orfurnishing water to or for the public for compensation, or operating a publicsewerage system for compensation; provided, however, that the term "publicutility" shall not include any person or company whose sole operationconsists of selling water to less than 15 residential customers, except thatany person or company which constructs a water system in a subdivision withplans for 15 or more lots and which holds itself out by contracts or othermeans at the time of said construction to serve an area containing more than 15residential building lots shall be a public utility at the time of suchplanning or holding out to serve such 15 or more building lots, without regardto the number of actual customers connected;

3.         Transporting persons or household goods by street, suburbanor interurban bus for the public for compensation;

4.         Transporting persons or household goods by motor vehicles orany other form of transportation for the public for compensation, except motorcarriers exempted in G.S. 62‑260, carriers by rail, and carriers by air;

5.         Transporting or conveying gas, crude oil or other fluidsubstance by pipeline for the public for compensation;

6.         Conveying or transmitting messages or communications bytelephone or telegraph, or any other means of transmission, where such serviceis offered to the public for compensation.

b.         The term "public utility" shall for rate‑makingpurposes include any person producing, generating or furnishing any of theforegoing services to another person for distribution to or for the public forcompensation.

c.         The term "public utility" shall include allpersons affiliated through stock ownership with a public utility doing businessin this State as parent corporation or subsidiary corporation as defined inG.S. 55‑2 to such an extent that the Commission shall find that suchaffiliation has an effect on the rates or service of such public utility.

d.         The term "public utility," except as otherwiseexpressly provided in this Chapter, shall not include a municipality, anauthority organized under the North Carolina Water and Sewer Authorities Act,electric or telephone membership corporation; or any person not otherwise apublic utility who furnishes such service or commodity only to himself, hisemployees or tenants when such service or commodity is not resold to or used byothers; provided, however, that any person other than a nonprofit organizationserving only its members, who distributes or provides utility service to hisemployees or tenants by individual meters or by other coin‑operateddevices with a charge for metered or coin‑operated utility service shallbe a public utility within the definition and meaning of this Chapter withrespect to the regulation of rates and provisions of service rendered throughsuch meter or coin‑operated device imposing such separate metered utilitycharge. If any person conducting a public utility shall also conduct anyenterprise not a public utility, such enterprise is not subject to theprovisions of this Chapter. A water or sewer system owned by a homeowners'association that provides water or sewer service only to members or leaseholdsof members is not subject to the provisions of this Chapter.

e.         The term "public utility" shall include theUniversity of North Carolina insofar as said University supplies telephoneservice, electricity or water to the public for compensation from theUniversity Enterprises defined in G.S. 116‑41.1(9).

f.          The term "public utility" shall include the Townof Pineville insofar as said town supplies telephone services to the public forcompensation. The territory to be served by the Town of Pineville in furnishingtelephone services, subject to the Public Utilities Act, shall include the townlimits as they exist on May 8, 1973, and shall also include the area proposedto be annexed under the town's ordinance adopted May 3, 1971, until January 1,1975.

g.         The term "public utility" shall not include ahotel, motel, time share or condominium complex operated primarily to servetransient occupants, which imposes charges to occupants for local, long‑distance,or wide area telecommunication services when such calls are completed throughthe use of facilities provided by a public utility, and provided further thatthe local services received are rated in accordance with the provisions of G.S.62‑110(d) and the applicable charges for telephone calls are prominentlydisplayed in each area where occupant rooms are located.

h.         The term "public utility" shall not include theresale of electricity by (i) a campground operated primarily to serve transientoccupants, or (ii) a marina; provided that (i) the campground or marina chargesno more than the actual cost of the electricity supplied to it, (ii) the amountof electricity used by each campsite or marina slip occupant is measured by anindividual metering device, (iii) the applicable rates are prominentlydisplayed at or near each campsite or marina slip, and (iv) the campground ormarina only resells electricity to campsite or marina slip occupants.

i.          The term "public utility" shall not include theState, the Office of Information Technology Services, or the MicroelectronicsCenter of North Carolina in the provision or sharing of switched broadbandtelecommunications services with non‑State entities or organizations ofthe kind or type set forth in G.S. 143B‑426.39.

j.          The term "public utility" shall not include anyperson, not otherwise a public utility, conveying or transmitting messages orcommunications by mobile radio communications service. Mobile radiocommunications service includes one‑way or two‑way radio serviceprovided to mobile or fixed stations or receivers using mobile radio servicefrequencies.

k.         The term "public utility" shall not include aregional natural gas district organized and operated pursuant to Article 28 ofChapter 160A of the General Statutes.

(24)      "Rate" means every compensation, charge, fare,tariff, schedule, toll, rental and classification, or any of them, demanded,observed, charged or collected by any public utility, for any service productor commodity offered by it to the public, and any rules, regulations, practicesor contracts affecting any such compensation, charge, fare, tariff, schedule,toll, rental or classification.

(25)      "Route" means the course or way which is traveled;the road or highway over which motor vehicles operate.

(26)      "Securities" means stock, stock certificates,bonds, notes, debentures, or other evidences of ownership or of indebtedness,and any assumption or guaranty thereof.

(27)      "Service" means any service furnished by a publicutility, including any commodity furnished as a part of such service and anyancillary service or facility used in connection with such service.

(27a)    "Small power producer" means a person or corporationowning or operating an electrical power production facility with a power productioncapacity which, together with any other facilities located at the same site,does not exceed 80 megawatts of electricity and which depends upon renewableresources for its primary source of energy. For the purposes of this section,renewable resources shall mean: hydroelectric power. A small power producershall not include persons primarily engaged in the generation or sale ofelectricity from other than small power production facilities.

(28)      The word "State" means the State of North Carolina;"state" means any state.

(29)      "Town" means any unincorporated community orcollection of people having a geographical name by which it may be generallyknown and is so generally designated.

(30)      "Panel" means a panel of three commissioners, adivision of the Utilities Commission authorized for the purpose of carrying outcertain functions of the Commission. (1913, c. 127, s.7; C.S., s. 1112(b); 1933, c. 134, ss. 3, 8; c. 307, s. 1; 1937, c. 108, s. 2;1941, cc. 59, 97; 1947, c. 1008, s. 3; 1949, c. 1132, s. 4; 1953, c. 1140, s.1; 1957, c. 1152, s. 13; 1959, c. 639, ss. 12, 13; 1963, c. 1165, s. 1; 1967,c. 1094, ss. 1, 2; 1971, c. 553; c. 634, s. 1; cc. 894, 895; 1973, c. 372, s.1; 1975, c. 243, s. 2; cc. 254, 415; 1979, c. 652, s. 1; 1979, 2nd Sess., c. 1219,s. 1; 1981 (Reg. Sess., 1982), c. 1186, s. 2; 1985, c. 676, s. 4; 1987, c. 445,s. 2; 1989, c. 110; 1993, c. 349, s. 1; 1993 (Reg. Sess., 1994), c. 777, s.1(b); 1995, c. 27, ss. 2, 3; c. 509, s. 34; c. 523, s. 1; 1997‑426, s. 8;1997‑437, s. 1; 1998‑128, ss. 1‑3; 2004‑199, s. 1; 2004‑203,s. 37(a); 2005‑95, s. 2.)