Title 49 — PUBLIC UTILITIES AND CARRIERS

Source: SDC 1939, §§ 52.1317, 52.9925; SL 1983, ch 15 , § 113; SL 1983, ch 331 , § 10; SL 1987, ch 345 , § 54; SL 1988, ch 375 , § 15; SL 1992, ch 328 , § 36.

Terms used in this chapter mean: (1) "Addressable," enabling users to connect and communicate with a specific party easily and securely on a dial-up, addressable basis; (2) "Available," ensuring that network services are available if the user requires them, even at times of peak …

For the purposes of this chapter, "noncompetitive service" is a monopoly service for which no competition exists or the regulation of which is necessary to insure affordable local exchange service. Such services include: (1) Residential local exchange service; (2) Business local …

For the purposes of this chapter, "emerging competitive service" is a service that satisfies the criteria of § 49-31-3.2 and which has alternative services available to over twenty percent of the company's customers for that service. Such services include: (1) Inter-LATA message …

For the purposes of this chapter, "fully competitive service" is a service that satisfies the criteria of § 49-31-3.2 and which has alternative services available to over fifty percent of the company's customers for that service or which is of limited scope or so discretionary in…

For the purposes of this chapter, "price regulation" is the procedure used by the commission to approve the charge for an emerging or noncompetitive telecommunications service which is not based on rate of return regulation. In determining whether the price is fair and reasonable…

For the purposes of this chapter, the term, unsolicited telephone call, means any telephone solicitation call other than a call made: (1) In response to an express request of the person called; (2) Primarily in connection with an existing debt or contract, payment or performance …

For purposes of § 49-31-1.5 , an established business relationship means a prior or existing relationship: (1) Formed by the person's purchase or transaction with the telephone solicitor, or any business or financial institution on whose behalf the call is made, within the eighte…

Any telecommunications provider in this state shall use great care and diligence in the transmission and delivery of telecommunications services and shall deliver telecommunications messages to the persons for whom they are intended. Source: SDC 1939, §§ 8.0701, 8.0702, 8.1102, 5…

The commission shall establish or provide for the operation of a register. The register may be operated by the commission or by another entity under contract with the commission. A residential telephone subscriber may enroll on the register in accordance with procedures prescribe…

The commission shall maintain a register of names and telephone numbers of each South Dakota residential telephone subscriber who has elected not to receive unsolicited telephone calls. The commission may provide to the Federal Trade Commission, for inclusion in the national "do …

Any telephone solicitor who makes unsolicited telephone calls to South Dakota residential telephone subscribers shall obtain a copy of the register. Source: SL 2003, ch 238 , § 4.

Notwithstanding any other provision of §§ 49-31-99 to 49-31-108 , inclusive, the commission may use the national "do - not - call" registry established and maintained by the Federal Trade Commission as the register. Source: SL 2003, ch 238 , § 8.

There is hereby established in the state treasury, the telephone solicitation account. Unless otherwise provided by law, this fund consists of all fees and fines imposed pursuant to §§ 49-31-99 to 49-31-108 , inclusive, designated for deposit in the fund. The fund shall be mainta…

Any telephone solicitor who makes unsolicited telephone calls to South Dakota residential telephone subscribers shall pay to the commission an annual fee of not more than five hundred dollars. Fees collected under this section shall be credited to the telephone solicitation accou…

Notwithstanding the provisions of chapter 49-1A , the commission may use amounts deposited in the gross receipts tax fund to implement §§ 49-31-99 to 49-31-108 , inclusive. All funds used shall be returned to the gross receipts tax fund within three years of implementation of the…

Any telecommunications company that provides local exchange service shall inform its customers of the provisions of §§ 49-31-99 to 49-31-108 , inclusive, by publication of the notice in the consumer pages of its telephone directories. Source: SL 2003, ch 238 , § 10.

Any person who violates §§ 49-31-99 to 49-31-108 , inclusive, or any rules promulgated pursuant to §§ 49-31-99 to 49-31-108 , 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…

Terms used in §§ 49-31-109 to 49-31-115 , inclusive, mean: (1) "Interexchange carrier," a telecommunications carrier providing nonlocal telecommunications services; (2) "Local telecommunications traffic," any wireline to wireline telecommunications traffic that originates and ter…

No person or telecommunications company may unjustly or unreasonably discriminate between persons in providing telecommunications services or in the rate or price charged for those services. No telecommunications company may offer a rate or charge, demand, collect or receive from…

If necessary for the assessment of transport and termination charges pursuant to 47 U.S.C. § 251(b)(5) as of January 1, 2004, an originating carrier of local telecommunications traffic shall, in delivering its traffic, transmit signaling information in accordance with commonly ac…

An originating carrier of nonlocal telecommunications traffic shall, in delivering its traffic, transmit signaling information in accordance with commonly accepted industry standards giving the terminating carrier information that is sufficient to identify, measure, and appropria…

A transiting carrier shall deliver telecommunications traffic to the terminating carrier by means of facilities and signaling protocols that enable the terminating carrier to receive from the originating carrier all signaling information, as required by §§ 49-31-110 and 49-31-111…

Upon the request of a terminating carrier, the transiting carrier shall provide detailed transit traffic records or billing records related to the telecommunications traffic delivered to the terminating carrier. Source: SL 2004, ch 284 , § 5.

Any telecommunications carrier damaged by noncompliance with the provisions of §§ 49-31-109 to 49-31-115 , inclusive, may file a complaint with the commission pursuant to the provisions of chapter 49-13 . If a complaint is filed seeking enforcement of any of the provisions in §§ …

The commission may promulgate rules pursuant to chapter 1-26 for the purpose of implementing the provisions of §§ 49-31-109 to 49-31-115 , inclusive. The rules may address: (1) Defining the terms used in §§ 49-31-109 to 49-31-115 , inclusive; (2) Signaling information requirement…

Any telecommunications company having a contract with a subscriber for any retail telecommunications service that has a term of one year or more and that contains a provision requiring the subscriber to take any action to avoid automatic renewal of the contract for a renewal term…

Upon receipt of any bond, letter of credit, or other proceeds that are payable to the commission and were issued to protect the financial interests of customers of a telecommunications company, the commission shall disburse the proceeds to affected customers pursuant to chapter 1…

No provider of mobile telecommunications service, or any direct or indirect affiliate or agent of a provider, may include the wireless telephone number information of a South Dakota subscriber in a wireless directory assistance service database or publish, sell, or otherwise diss…

No person may charge a subscriber for making the choice to not be listed in a wireless directory assistance database or for removing the subscriber's mobile telecommunications service telephone number from a wireless directory assistance database at the subscriber's request. Sour…

The commission shall make for each of the telecommunications companies doing business in this state a schedule of reasonable fares and rates or prices except for those telecommunications services which are fully competitive. The commission may determine and approve different rate…

Any tariff, or a certified copy, approved pursuant to § 49-31-1.4 , 49-31-12 , 49-31-12.2 , 49-31-12.4 , or 49-31-12.5 , shall be received in evidence as an official tariff on file with the commission, without further proof. The commission shall certify that the tariff in questio…

Any telecommunications company subject to this chapter for noncompetitive and emerging competitive telecommunications services shall: (1) Print and keep for public inspection in a convenient and publicly accessible place, its tariff showing the rates or prices for telecommunicati…

If any telecommunications company subject to the provisions of this chapter neglects or refuses to file or publish its tariffs of rates or prices, and contracts and agreements relating thereto, the telecommunications company, pursuant to chapter 21-34 , is subject to a writ of ma…

If a telecommunications company files with the commission any tariff stating a new rate or price or any new practice affecting any noncompetitive telecommunications service, the commission: (1) May upon a petition to intervene or on its own initiative, with or without answer or o…

If a telecommunications company files with the commission any tariff stating a new price or a change in price or practice affecting any emerging competitive telecommunications service, the commission: (1) Shall permit any proposed change in price or practice to be effective upon …

The Public Utilities Commission may require a telecommunications company as defined in § 49-31-1 to make a deposit when it files for approval of a general change in rates or prices for any noncompetitive or emerging competitive telecommunications service. The commission may requi…

Unless exempted from filing by § 49-31-5.1 , a telecommunications company shall file tariffs only for emerging and noncompetitive telecommunications services. No other telecommunications services may be tariffed. Source: SL 2007, ch 267 , § 1.

A telecommunications company shall make available to any person, in at least one location, during regular business hours, information concerning its current rates, terms, and conditions for all of its telecommunications services. The information shall be made available in an easy…

Terms used in §§ 49-31-120 to 49-31-126 , inclusive, mean: (1) "Communications provider," a provider that offers telecommunications services for a fee to the public, regardless of the facilities used, or a provider of IP-enabled voice service; (2) "Confidential communications rec…

No person may obtain, or attempt to obtain, confidential communications records information from a communications provider, without authorization from the customer to whom such confidential communications records information relates, by knowingly and intentionally: (1) Making fal…

No person may knowingly and intentionally sell, or attempt to sell, confidential communications records information from a communications provider without authorization from the customer to whom such confidential communications records information relates. A violation of this sec…

Sections 49-31-120 to 49-31-126 , inclusive, may not be construed to prevent any action by a law enforcement agency, or any officer, employee, or agent of a law enforcement agency, to obtain confidential communications records information from a communications provider pursuant t…

Sections 49-31-120 to 49-31-126 , inclusive, do not prohibit a communications provider, including any affiliate or subsidiary of a communications provider, from obtaining, using, disclosing, or permitting access to any confidential communications records information, either direc…

Sections 49-31-120 to 49-31-126 , inclusive, do not prohibit a communications provider from obtaining, using, disclosing, or permitting access to any confidential communications records information in connection with the sale or transfer of all or part of its business, the purcha…

Any customer or communications provider who claims to have been adversely affected by any act or practice declared to be unlawful by §§ 49-31-121 or 49-31-122 may bring a civil action against the person who violated §§ 49-31-121 or 49-31-122 for the recovery of twice the actual d…

49-31-14

49-31-14.1

49-31-15 Access to telecommunications facilities--Application to commission--Order requiring access--Apportionment of expenses. 49-31-16

The commission may compel access to any telecommunications facilities in this state. Any telecommunications company desiring access to any other company's facilities shall, if access is refused, make an application to the commission. Upon receipt of the application, the commissio…