Title 49, PUBLIC UTILITIES AND CARRIERS

For the purposes of §§ 49-31-29 and 49-31-30 the following terms have the meanings ascribed to them as follows: (1) "Party line" means a subscribers' line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive rin…

Any person who intentionally refuses to immediately relinquish a party line when informed that such line is needed for an emergency call actually existing as defined in subdivision 49-31-28(2), to a fire department, to a law enforcement officer or department, for medical aid or f…

Terms used in §§ 49-31-29.1 and 49-31-29.2 mean: (1) "Communication device," any device, including a telephone, cellular telephone, computer, or radio which may be used in an attempt to summon law enforcement, fire department, medical, or other emergency personnel; (2) "Emergency…

If a person is attempting to summon aid to an emergency or has communicated a desire to summon aid to an emergency, no person may prohibit or interrupt, or attempt to prohibit or interrupt, another person's use of a communication device by either of the following: (1) Using or th…

The commission has general supervision and control of all telecommunications companies offering common carrier services within the state to the extent such business is not otherwise regulated by federal law or regulation. The commission shall inquire into any complaints, unjust d…

A telecommunications company may not discontinue any noncompetitive telecommunications service without the express approval of the commission. A telecommunications company need only notify the commission of the discontinuance of any emerging competitive telecommunications service…

The commission, after notice and hearing, shall waive, eliminate or modify any of its rules or orders affecting telecommunications services if it finds that a telecommunications service is a fully competitive service or an emerging competitive service. A person, or the commission…

The commission may, within ninety days after July 1, 1988, conclude an investigation into any or all of the telecommunications services listed in §§ 49-31-1.1 , 49-31-1.2 , and 49-31-1.3 to determine if any service is properly classified pursuant to the standards found in subdivi…

The commission, on its own motion or upon petition, shall commence regulation or reclassify a telecommunications service previously classified by the Legislature or the commission as a fully competitive service or an emerging competitive service if, after hearing or investigation…

Any person who obtains the use of a party line by falsely stating that the line is needed for an emergency is guilty of a Class 2 misdemeanor. Source: SL 1959, ch 49 , § 3; SDC Supp 1960, § 13.1630; SL 1983, ch 15 , § 120.

It is a Class 1 misdemeanor for a person to use a telephone or other electronic communication device for any of the following purposes: (1) To contact another person with intent to terrorize, intimidate, threaten, harass, or annoy such person by using obscene or lewd language or …

For the purposes of §§ 49-31-31 and 49-31-33 , an electronic communication device is any electronic device capable of transmitting signs, signals, writing, images, sounds, messages, data, or other information by wire, radio, light waves, electromagnetic means, or other similar me…

The provisions of subdivision 49-31-31 (5) do not apply to: (1) An authorized activity of a law enforcement agency; (2) Any investigative, protective, or intelligence activity of a law enforcement agency of the United States, this state or its political subdivisions, or another s…

The use of obscene or lewd language or the making of a threat or lewd suggestion or the failure to replace the telephone receiver as set forth in § 49-31-31 shall be prima facie evidence of the intent to terrorize, intimidate, threaten, harass, annoy or disturb another person. So…

It is unlawful for any person, for consideration, by means of a telephone communication for commercial purposes, to make directly or by means of an electronic recording device, any comment, request, suggestion or proposal which is obscene. Any person who makes any such comment, r…

It is unlawful for any telephone subscriber or individual to permit knowingly any telephone or telephone facility connected to a local exchange telephone under the telephone subscriber's or the individual's control to be used for any purpose prohibited by §§ 49-31-32.1 to 49-31-3…

For the purposes of §§ 49-31-32.1 to 49-31-32.3 , inclusive, each day of a violation constitutes a separate offense. Source: SL 1989, ch 196 , § 3.

Any offense committed by use of a telephone or other electronic communication device as set forth in § 49-31-31 is considered to have been committed at either the place where the telecommunications message or electronic communication originated or at the place where the telecommu…

If any provision of §§ 49-31-31 to 49-31-33 , inclusive, is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of said sections and applicability thereof to other persons and circumstances s…

Any person: (1) Who makes or possesses an instrument, apparatus, equipment or device designed, adapted or which can be used to obtain telecommunications service fraudulently or to conceal from the supplier of telecommunications service or from a lawful authority the existence or …

Any person who obtains telecommunications service by the use of a false, revoked, counterfeit or nonexistent credit card, or who obtains telecommunications service by charging the price for such service to a false or nonexistent telephone number or to an existing telephone number…

Any person who violates, neglects, fails, or refuses to comply with any of the provisions of chapters 49-1A , 49-13 , and this chapter, not otherwise specifically penalized in those chapters, or who violates, neglects, fails, or refuses to comply with any lawful order, rule, or r…

Except as otherwise specifically provided, any person who intentionally does or causes to be done, or intentionally permits or omits to be done, any act, matter or thing prohibited, required, or declared to be unlawful in chapters 49-1A , 49-13 , and this chapter, or intentionall…

In addition to any penalty imposed or remedy provided in chapters 49-7 to 49-13 , inclusive, and this chapter, if any telecommunications company willfully continues to neglect or refuse to comply with the provisions of those chapters, or with any reasonable order or regulation of…

The attorney general shall commence an action in any court of competent jurisdiction in this state, or against any telecommunications company for the purpose of having its corporate franchise forfeited, or for the purpose of having it perpetually enjoined from transacting any bus…

Any charge established for the provision of telecommunications services shall be fair and reasonable. The commission shall determine and approve individual rates to be charged by any telecommunications company for a noncompetitive service pursuant to § 49-31-1.4 , if applicable, …

The commission shall, on its own motion or upon petition, hold public hearings investigating methods of price regulation consistent with § 49-31-1.4 and chapter 1-26 . Within thirty days of its receipt of a petition filed pursuant to this section, the commission shall issue a pro…

A telecommunications company providing intrastate interexchange telecommunications services shall charge uniform prices on all routes where it offers the services. However, notwithstanding this section and § 49-31-11 , a telecommunications company may offer or provide volume disc…

Each telecommunications company engaged directly or indirectly in any business other than that of providing telecommunications service shall keep and, if requested by the commission, render separately to the commission, in like manner and form the relevant accounts of all such ot…

Notwithstanding the provisions of § 1-26-32 , if an order of the commission is stayed or suspended, the court shall require a bond with good and sufficient surety, conditioned that the telecommunications company or any other party petitioning for review shall answer for all damag…

Upon the filing of the record in the office of the clerk, the circuit court shall process the appeal pursuant to chapter 1-26 . Such cases have precedence over all other civil causes pending before the court. Source: SL 1983, ch 332 , § 5; SL 1987, ch 345 , § 80; SL 1992, ch 328 …

There is hereby created a fund within the state treasury to be known as the telecommunications investigation fund which shall be used by the commission to defray the expenses of conducting investigations or public hearings relating to §§ 49-31-3.2 to 49-31-3.4 , inclusive, 49-31-…

The expenses incurred in any investigation or hearing conducted in pursuance of § 49-31-44 shall be paid out of the fund on warrants drawn by the state auditor upon itemized vouchers submitted by the commission. The commission shall keep and maintain a detailed record of the amou…

The commission is hereby authorized, in addition to the purposes referred to in § 49-31-44 , to use the telecommunications investigation fund therein created to defray the cost and expense of participating in proceedings before federal agencies involving increases in interstate r…

The Department of Human Services shall establish and administer a statewide program to provide telecommunication and other communication devices and services to residents of this state who have disabilities that prevent them from having communication access and maintain a dual pa…

A telecommunication or communication device for individuals with disabilities is a device that enables the individual to communicate. A dual party relay system provides voice, digital and electronic text, or visual communication between users of telecommunication or communication…

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…

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…

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…

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…

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…

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…

There is created in the state treasury the telecommunication fund for the deaf and the telecommunication fund for other disabilities for the deposit and disbursement of money collected pursuant to the provisions of §§ 49-31-49 and 49-31-51 . There is hereby continuously appropria…

Funds appropriated pursuant to § 49-31-50 may only be used for: (1) The costs of providing a cochlear implant to a child who is not covered under a plan of health insurance; or (2) Any portion of the costs of providing a cochlear implant to a child that is not paid by any plan of…

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…

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.