Title 49 — PUBLIC UTILITIES AND CARRIERS
61 chapters · 1,170 sections in this title.
SDCL § 49-31-87 Dialing parity to be implemented
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Dialing parity, as defined in 47 U.S.C. § 153(15) as of January 1, 1998, for purposes of intraLATA long distance telecommunications services, shall be implemented by any local exchange carrier serving more than two hundred thousand retail access lines by order of the commission o…
SDCL § 49-31-88 Companies not exempt from state or federal law
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Nothing in §§ 49-31-84 to 49-31-87 , exempts any telecommunications company from any state or federal antitrust laws. Source: SL 1998, ch 274 , § 32.
SDCL § 49-31-89 Telecommunications company, services or product not to be changed without subscriber authorization--Evidence of authorization--Commission authorized to promulgate rules--Scope of rules
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The telecommunications company of any subscriber may not be changed without the telecommunications service subscriber's authorization. The telecommunications service subscriber's authorization shall be evidenced either by a written authorization signed by the subscriber or by the…
SDCL § 49-31-90 Third - party verification--Requirements
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If an independent third - party verification company obtains a subscriber's oral confirmation regarding a change of a designated telecommunications company for interexchange or local exchange telecommunications service, the third - party verification shall include: (1) A statemen…
SDCL § 49-31-91 Criteria to be met by third - party verification company
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The third - party verification company shall meet each of the following criteria: (1) Be independent of the telecommunications company that seeks to provide the subscriber's new service; (2) Not be managed, controlled, or directed or owned wholly or in part, by the telecommunicat…
SDCL § 49-31-92 Separate authorization required for each service
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A telecommunications company selling more than one type of telecommunications service must obtain separate authorization to change a telecommunications company from the subscriber for each service sold, although the authorizations may be made within the same solicitation. At a mi…
SDCL § 49-31-93 Subscriber not liable for unauthorized change of carrier, products or services--Company to compensate subscriber
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A subscriber is not liable for any charges imposed by a telecommunications company that initiates a telecommunications carrier change without authorization from the subscriber or for the billing of unauthorized products or services. In addition, the telecommunications company tha…
SDCL § 49-31-94 Penalties for violation--Disposition of fines collected
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Any person who violates §§ 49-31-89 to 49-31-97 , inclusive, or any rules promulgated pursuant to §§ 49-31-89 to 49-31-97 , inclusive, is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The commission may impose a civil fine o…
SDCL § 49-31-95 Commission authorized to investigate complaints
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If the commission receives more than two complaints within thirty days regarding violations of § 49-31-89 , the commission may require the telecommunications company responsible for the violations to provide the commission with a complete list of its current subscribers, includin…
SDCL § 49-31-96 Costs of commission proceedings may be assessed against company--Objection
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If the commission finds the company has committed a violation of §§ 49-31-89 to 49-31-97 , inclusive, after holding a contested case proceeding or if allowed by § 49-31-95 , the commission may assess the actual costs of the contested case proceeding or contacting subscribers to t…
SDCL § 49-31-97 "Subscriber" defined
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For the purpose of §§ 49-31-89 to 49-31-97 , inclusive, the term, subscriber, means any person who contracts with a telecommunications company for telecommunications services. Source: SL 1999, ch 227 , § 9.
SDCL § 49-31-98 Agencies to establish cost recovery mechanism for certain mandated services--Exemption
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Any decision or order by any agency which requires the provision of telecommunications services, in excess of voice grade local exchange service, shall establish a cost recovery method or mechanism to ensure that the telecommunications company will be able to recover the cost of …
SDCL § 49-31-99 Requirements for telephone solicitors making unsolicited calls
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Any telephone solicitor who makes unsolicited telephone calls shall institute procedures that comply with the provisions of this chapter for obtaining a list of persons who do not wish to receive unsolicited telephone calls made by or on behalf of the telephone solicitor. No tele…