Title 49 — PUBLIC UTILITIES AND CARRIERS
61 chapters · 1,170 sections in this title.
SDCL § 49-31-49 Telecommunication or communication device remains property of state for three years
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A telecommunication or communication device furnished by the Department of Human Services pursuant to the provisions of §§ 49-31-47 to 49-31-56 , inclusive, remains the property of the state for three years, after which it becomes the property of the recipient. During the initial…
SDCL § 49-31-5 Promulgation of rules for conduct of business
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The commission may regulate the business of providing telecommunication service and may promulgate rules pursuant to chapter 1-26 concerning: (1) Requirements for telecommunications companies to maintain and make available to the public and the commission records and utility tari…
SDCL § 49-31-5.1 Telecommunications cooperatives, municipal telephone systems and independent telephone companies--Election to be regulated by commission
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Telecommunications cooperatives organized pursuant to chapters 47-15 to 47-20 , inclusive, municipal telephone systems operated pursuant to chapter 9-41 , and independent telephone companies serving less than fifty thousand local exchange subscribers are not subject to chapter 49…
SDCL § 49-31-5.2 Independent telecommunications companies--Petition by subscribers for election to be regulated by commission
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An independent telecommunications company may be brought under commission regulation if no fewer than five percent of the subscribers, or twenty - five subscribers, whichever is the greater, petition the commission to hold an election of all subscribers of the company to return t…
SDCL § 49-31-5.3 Independent telecommunications companies--Procedure for election by subscribers to be regulated by commission
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The ballot to be used in the election shall be approved by the independent telecommunications company and the commission. The commission shall mail ballots, at company cost, to the company's subscribers who shall return the ballots to the commission. The commission shall keep the…
SDCL § 49-31-5.4 Independent telecommunications companies--"Subscribers" defined
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The term "subscribers" as used in §§ 49-31-5.2 and 49-31-5.3 means either the person in whose name the telecommunications service is registered or the spouse of the person unless the independent telecommunications company has been notified in writing to the contrary. Source: SL 1…
SDCL § 49-31-50 49-31-50.2 Rules relating to cochlear implants
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49-31-50.3 Approval of vouchers--Warrants. 49-31-51 Access fee imposed on local exchange service lines, cellular telephones and radio pager devices--Report of fee on monthly bills--Report on and remission of fees--Disposition of funds collected. 49-31-51.1 Promulgation of rules t…
SDCL § 49-31-50.1 SDCL 49-31-50.1
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Use of funds appropriated pursuant to §
SDCL § 49-31-50.2 Rules relating to cochlear implants
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The Department of Human Services shall promulgate rules pursuant to chapter 1-26 to establish standards for eligibility criteria, the basis for and extent of provider payments on behalf of the eligible person, levels of payment, administration, audit requirements, and record keep…
SDCL § 49-31-50.3 Approval of vouchers--Warrants
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The secretary of the Department of Human Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by §§ 49-31-50 to 49-31-50.3 , inclusive. Source: SL 2005, ch 246 , § 4.
SDCL § 49-31-51 Access fee imposed on local exchange service lines, cellular telephones and radio pager devices--Report of fee on monthly bills--Report on and remission of fees--Disposition of funds collected
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There is hereby imposed an access fee of fifteen cents per local exchange service line per month, fifteen cents per cellular telephone per month in accordance with the provisions provided in subdivision 34-45-1(7), and fifteen cents per radio pager device per month to pay for the…
SDCL § 49-31-51.1 Promulgation of rules to administer access fee
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The secretary of revenue may promulgate rules, pursuant to chapter 1-26 , to administer the fee imposed pursuant to §
SDCL § 49-31-52 Liability for uncollected fees
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No local exchange telecommunications company has any obligation to take any legal action to enforce the collection of any charge imposed pursuant to §§ 49-31-47 to 49-31-56 , inclusive. The local exchange company is not liable for such uncollected amounts. Source: SL 1989, ch 401…
SDCL § 49-31-53 Annual review of access fee--Report to legislature
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The access fee imposed in § 49-31-51 is subject to annual review by the Department of Human Services. Each year the department shall report to the legislature and recommend whether the access fee should be increased or decreased in order that the money raised by the access fee pa…
SDCL § 49-31-54 Administrative cost for collection of fee
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The local exchange telecommunications company may deduct and retain one hundred dollars or one percent of the collected amount, whichever is greater, as the cost of administration for collecting the charge. Source: SL 1989, ch 401 , § 5A.
SDCL § 49-31-55 Sources of funds in addition to access fees
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The secretary of the Department of Human Services may accept and expend for the purpose of §§ 49-31-47 to 49-31-56 , inclusive, in addition to the amount in § 49-31-47 , any funds obtained from federal sources, gifts, contributions or any other source if such acceptance and expen…
SDCL § 49-31-56 Method of payment of expenditures
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Expenditures authorized by the provisions of §§ 49-31-47 to 49-31-56 , inclusive, shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Human Services. Expenditure for services for individuals who have deafness, deaf blind…
SDCL § 49-31-56.1 Promulgation of rules regarding telecommunications and communication services program
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The Department of Human Services may promulgate rules, pursuant to chapter 1-26 , for the administration of the telecommunications and communication services program. The rules may include: (1) Eligibility determination, criteria, and application procedures; (2) The amount and sc…
SDCL § 49-31-57 Penalty for pleading filed for improper purpose--Sanction by commission
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The commission may on its own motion or upon the motion of any party, assess against a party reasonable attorney fees, expert witness fees, discovery costs, transcript fees or other expenses of the commission or another party to a proceeding if a party has filed a pleading with t…
SDCL § 49-31-58 Alternative methods of assigning costs for certain services
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If it is determined to be in the public interest, the commission may utilize cost allocation methods other than fully distributed methods as provided for in § 49-31-4 for the assignment of costs among jointly provided noncompetitive services, emerging competitive services, or ful…
SDCL § 49-31-59 Procedures for approving sale of telecommunications exchanges
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Any sale of a telecommunications exchange shall be approved by the commission. Within twenty days following receipt of a telecommunications company's application to sell an exchange, the commission shall publish notice of the proposed sale in a newspaper of general circulation in…
SDCL § 49-31-59.1 Legislative intent--Joint provisioning and revenue - pooling arrangements--Commission review and approval--Exemptions--Construction
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It is the intent of the Legislature to encourage telecommunications companies to more efficiently meet the infrastructure deployment goal described in §§ 49-31-60 and 49-31-61 for a fully integrated SONET backbone of interconnected survivable rings. To that end, telecommunication…
SDCL § 49-31-6 Valuation of company property
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The commission may make a physical valuation of all the property of any telecommunications company, to be taken when such valuation is necessary for the purpose of arriving at any determination in connection with the regulation of its business or the adjustment of its rates. Sour…
SDCL § 49-31-60 Telecommunications infrastructure--Legislative intent
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It is the intent of the Legislature that South Dakota have a telecommunications infrastructure that meets the advanced communication needs of the state's individual citizens and its communities of interest, including our schools, medical facilities, businesses, and all levels of …
SDCL § 49-31-61 Public Communications Network Infrastructure--Composition
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South Dakota's Public Communications Network Infrastructure shall be composed of three networks: a narrowband network, a wideband network, and a broadband network. Source: SL 1997, ch 266 , § 3. 49-31-62 to 49-31-68. Repealed by SL 1999, ch 224 , §§ 3 to 9.
SDCL § 49-31-69 Certificate of authority for construction of telecommunications facility--Extension outside local exchange service area application--Amended certificate
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No telecommunications company may begin the construction of a telecommunications facility intended to provide local exchange service, commence operating a telecommunications facility for the purpose of providing local exchange service, or offer or otherwise provide local exchange…
SDCL § 49-31-7 Improvement of business and equipment--Notice to company from commission
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In addition to the regulatory powers and duties provided by chapters 49-1 to 49-13 , inclusive, and this chapter, the commission may conduct any investigations that are necessary to protect the public interest. The commission may order such changes or improvements in telecommunic…
SDCL § 49-31-7.1 Powers and duties of commission
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The commission may: (1) Examine and inspect the condition of each telecommunications company in this state and of its equipment, and the manner of its conduct and management with reference to the safety, accommodation and convenience of the public; (2) Require any telecommunicati…
SDCL § 49-31-7.2 Liability for damages unaffected
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Nothing in § 49-31-7.1 may be construed to relieve any telecommunications company from its present responsibility or liability for damages to any person or property. Source: SDC 1939, § 52.0202; SDCL, § 49-3-9; SL 1987, ch 345 , § 50.
SDCL § 49-31-7.3 Court order to testify or produce records--Violation as contempt
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Upon certificate by any member of the commission stating that a telecommunications company or person subject to the provisions of this chapter has refused to obey a subpoena, rule, order or regulation of the commission, any court of this state, pursuant to chapter 21-34 , shall i…
SDCL § 49-31-7.4 Obstruction of commission--Civil fine
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No person may obstruct the commission or any member thereof in the performance of any of its duties or functions or refuse to give any information within its possession or to produce any record or evidence that may be required by the commission or member within the purview of its…
SDCL § 49-31-70 Application for certificate of authority--Notice
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An application for a certificate of authority to provide local exchange service shall set forth with particularity the proposed geographic territory to be served and provide information regarding the types of local exchange services to be provided. Each telecommunications company…
SDCL § 49-31-71 Certificate of authority--Notice and hearing
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The commission shall issue a certificate of authority for local exchange service to the applying telecommunications company, if, after notice and opportunity for hearing pursuant to chapter 1-26 , the applicant has demonstrated sufficient technical, financial, and managerial capa…
SDCL § 49-31-72 Certificate of authority--Time limit for decision
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Except when an evidentiary hearing is required by the commission, the commission shall act on an application for a certificate of authority to provide local exchange service within sixty days of receiving a complete application. If an evidentiary hearing is required, the commissi…
SDCL § 49-31-73 Rural service areas--Services--Waiver
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Except as provided in 47 U.S.C. § 253(f) as of January 1, 1998, if the applicant proposes to provide any local exchange service in the service area of a rural telephone company, the applicant is required to satisfy the service obligations of an eligible telecommunications carrier…
SDCL § 49-31-74 Certificate of authority--Retroactive application--Alterations or additions
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Any certificate of authority for local exchange service granted by the commission to a telecommunications company prior to July 1, 1998, shall remain in full force and effect unless modified by the commission, and such company need not apply for certification in order to continue…
SDCL § 49-31-75 Certificate of authority--Commission approval--Violations
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A certificate of authority for local exchange service issued by the commission may not be sold, assigned, leased, or transferred without commission approval. Any certificate of authority issued by the commission may be suspended or revoked, pursuant to chapter 1-26 , for a willfu…
SDCL § 49-31-76 Commission to adopt rules addressing competitive provisions
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Within ninety days after July 1, 1998, the commission shall initiate rule - making proceedings pursuant to chapter 1-26 to adopt rules addressing the competitive provisioning of local exchange service which, consistent with 47 U.S.C. § 253(b) as of January 1, 1998, shall be direc…
SDCL § 49-31-77 Commission may promulgate rules establishing service quality standards
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The commission may promulgate rules pursuant to chapter 1-26 to establish service quality standards for local exchange services. Source: SL 1998, ch 274 , § 15.
SDCL § 49-31-78 Commission shall designate eligible telecommunications carrier for service area--Right to relinquish designation
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The commission shall designate a common carrier as an eligible telecommunications carrier for a service area designated by the commission consistent with 47 U.S.C. § 214(e) as of January 1, 1998. The commission may permit an eligible telecommunications carrier to relinquish its d…
SDCL § 49-31-79 Requirements of rural telephone company
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Pursuant to 47 U.S.C. § 251(f)(1) as of January 1, 1998, the obligations of an incumbent local exchange carrier, which include the duty to negotiate and provide interconnection, unbundled network elements, resale, notice of changes and collocation, do not apply to a rural telepho…
SDCL § 49-31-80 Suspension or modification to carrier with small service area
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Consistent with 47 U.S.C. § 251(f)(2) as of January 1, 1998, the commission may grant a suspension or modification of any of the interconnection or other requirements set forth in 47 U.S.C. §§ 251(b) and 251(c), as of January 1, 1998, to any local exchange carrier which serves fe…
SDCL § 49-31-81 Carrier to provide services to competitive telecommunications services provider
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The commission may implement and comply with the provisions of the federal Telecommunications Act of 1996, including the promulgation of rules pursuant to chapter 1-26 . Except to the extent a local exchange carrier is exempt from or has received a suspension or modification purs…
SDCL § 49-31-82 Certain resale restrictions permitted
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It is recognized that certain resale restrictions may be necessary to prevent unfair competition, preserve universal service and otherwise protect the public interest. The commission may permit reasonable and nondiscriminatory resale restrictions proposed by local exchange carrie…
SDCL § 49-31-83 Telecommunications companies may form associations--Policy restrictions
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The commission may not prohibit telecommunications companies from voluntarily forming an association to assist in the administration and filing of schedules or tariffs and to engage in the pooling of access costs and revenues in a manner which is consistent with preserving and ad…
SDCL § 49-31-84 Telecommunication companies may grant incentives to meet competition
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It is in the public interest and essential that local exchange telecommunication companies over all of South Dakota continue to be viable providers of affordable local exchange services. Local exchange telecommunication companies receive substantial revenue necessary to support t…
SDCL § 49-31-85 Commission to establish quality of service standards
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Any regulation of telecommunications service by the commission pursuant to chapters 49-13 and 49-31 shall be fair, reasonable, nondiscriminatory and applicable to all telecommunications carriers providing service in the state. The commission shall establish, by rules promulgated …
SDCL § 49-31-86 Restrictions on price changes for local exchange service--Exemption for promotions
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Prices for residential and business local exchange service, both recurring and nonrecurring, for a telecommunications company with more than two hundred thousand retail access lines in the state may not be changed unless reduced by the company. If the telecommunications company r…
SDCL § 49-31-86.1 Limitation on promotions
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No telecommunications company may offer any promotion exempt from the provisions of § 49-31-86 more than twice in any calendar year. No telecommunications company may run any such promotions consecutively. No benefit from a promotion may be extended to any customer beyond the pro…
SDCL § 49-31-86.2 Exemption of § 49-31-86 to take effect December 31, 2000 for certain carriers
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The exemption for promotions provided by § 49-31-86 is not effective until December 31, 2000, in the local exchange area of any facilities - based competitive local exchange carrier certified by the commission that provides broadband network services throughout its local exchange…