Communications equipment shall be listed as being suitable for electrical connection to a communications network.
Informational Note: One way to determine applicable requirements is to refer to UL 60950-1-2007, Standard for Safety of Information Technology Equipment; [..]
And referring to UL 60950-1-2007:
1.1.1 Equipment covered by this standard
[..]
This standard is also applicable to such information technology equipment:- designed for use as telecommunication terminal equipment and TELECOMMUNICATION NETWORK infrastructure equipment, regardless of the source of power;
- designed and intended to be connected directly to, or used as infrastructure equipment in, a CABLE DISTRIBUTION SYSTEM, regardless of the source of power;
- designed to use the AC MAINS SUPPLY as a communication transmission medium (see Clause 6, Note 4 and 7.1, Note 4).
This part of IEC 60950 is also applicable to:- components and subassemblies intended for incorporation in this equipment. Such components and subassemblies need not comply with every requirement of the standard, provided that the complete equipment, incorporating such components and subassemblies, does comply;
- external power supply units intended to supply other equipment within the scope of this part of IEC 60950;
- accessories intended to be used with equipment within the scope of this part of IEC 60950
We would have to convince the inspector that the placement or status of the device is outside the scope of the NEC code to use devices that are not UL listed.
So, If you can point me at something that states that this device is outside the code, I will gladly stable the high-horse and get back to business.