Title 49 — PUBLIC UTILITIES AND CARRIERS
61 chapters · 1,170 sections in this title.
SDCL § 49-31-16 Repealed by SL 1992, ch 328 , § 24
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49-31-17
SDCL § 49-31-17 Repealed by SL 1998, ch 274 , § 20
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49-31-18 Access provided to companies doing business in same vicinity--Discrimination prohibited. 49-31-19 Tariff of access charges--Approval by commission. 49-31-20 Merger, consolidation, or transfer of stock or other ownership interests--Notification. 49-31-21
SDCL § 49-31-18 Access provided to companies doing business in same vicinity--Discrimination prohibited
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Every telecommunications company shall provide access for any other telecommunications company doing business in the same vicinity that makes application therefor and shall afford all reasonable and proper facilities for such access, for reasonable compensation and without discri…
SDCL § 49-31-19 Tariff of access charges--Approval by commission
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Access charges for switching and transporting telecommunications services between facilities shall be published in the tariff filed by the telecommunications company providing the access. Notwithstanding any exemption granted under § 49-31-5.1 , any telecommunications company pro…
SDCL § 49-31-2 Applicability of statutes to telecommunications companies
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The provisions of chapters 49-7 to 49-13 , inclusive, and this chapter apply to all telecommunications companies and to all telecommunications lines and facilities of any kind, character or description in use by any corporation, receiver, trustee, or other person operating a tele…
Merger, consolidation, or transfer of stock or other ownership interests--Notification
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Any telecommunications company that holds a certificate of authority to operate in this state shall notify the commission of any consolidation or merger or transfer of stock or other ownership interests that will result in a different person then owning more than fifty percent of…
SDCL § 49-31-21 49-31-25 Disclosure of contents, refusal to send or forging receipt of message as misdemeanor--Judicially ordered disclosure excepted
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49-31-26 Disclosure of message without written permission of sender or addressee as misdemeanor--Judicial disclosure excepted. 49-31-27
SDCL § 49-31-25 Disclosure of contents, refusal to send or forging receipt of message as misdemeanor--Judicially ordered disclosure excepted
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It is a Class 2 misdemeanor for any person connected in any capacity with a telecommunications company, with the intent to injure, deceive or defraud the sender or intended receiver thereof, or the company or provider, or to benefit himself or any other person, to: (1) Intentiona…
SDCL § 49-31-26 Disclosure of message without written permission of sender or addressee as misdemeanor--Judicial disclosure excepted
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Any person not connected with a telecommunications company, who discloses the contents of a private communication addressed to another person, in the course of transmission or in any other manner, without the written permission of the sender of the communication, or of the person…
SDCL § 49-31-27 Repealed by SL 1987, ch 345 , § 93
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49-31-28 Party line and emergency calls--Definitions. 49-31-29 Intentional refusal to relinquish party line in emergency as misdemeanor. 49-31-29.1 "Communication device" and "emergency" defined. 49-31-29.2 Interference with emergency communication--Violation a misdemeanor. 49-31…
SDCL § 49-31-28 Party line and emergency calls--Definitions
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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…
SDCL § 49-31-29 Intentional refusal to relinquish party line in emergency as misdemeanor
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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…
SDCL § 49-31-29.1 "Communication device" and "emergency" defined
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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…
SDCL § 49-31-29.2 Interference with emergency communication--Violation a misdemeanor
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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…
SDCL § 49-31-3 General supervision of telecommunications companies offering common carrier services by commission where not preempted--Filing application with commission--Demonstration of capabilities--Rules--Offering services without certificate of authority as misdemeanor
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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…
SDCL § 49-31-3.1 Approval required for discontinuance of noncompetitive telecommunications service
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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…
SDCL § 49-31-3.2 Waiver, modification, etc., of rules and orders for fully competitive or emerging competitive service--Application for classification--Factors in determining classification--Time for approval or denial
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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…
SDCL § 49-31-3.3 Investigation of telecommunications services--Ninety - day period--Reclassification--Burden of proof--Reclassification after 90 days
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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…
SDCL § 49-31-3.4 Reclassification proceeding--Factors in determining reclassification--Burden of proof--Stay of price change--Penalties and costs for spurious petition
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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…
SDCL § 49-31-30 Securing line by claiming nonexistent emergency as misdemeanor
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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.
SDCL § 49-31-31 Contact by telephone or other device--Threatening, harassing, or misleading contacts--Penalty
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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 …
SDCL § 49-31-31.1 Electronic communication device defined
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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…
SDCL § 49-31-31.2 Caller identification--Fictitious or misleading--Exceptions
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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…
SDCL § 49-31-32 Obscene telephone calls--Failure to replace receiver--Prima facie evidence of unlawfulness
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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…
SDCL § 49-31-32.1 Dial - a - porn communications prohibited--Violation as misdemeanor
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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…
SDCL § 49-31-32.2 Liability of persons for illegal use of telephone or facility under their control--Violation as misdemeanor
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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…
SDCL § 49-31-32.3 Each day of violation constitutes separate offense
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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.
SDCL § 49-31-33 Place of commission of offense committed by telephone or other electronic communication device
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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…
SDCL § 49-31-34 Repealed by SL 1983, ch 15 , § 122
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49-31-35 Severability and saving clause respecting unlawful telephone calls. 49-31-36 Manufacture, possession or transfer of instrument for fraudulently obtaining telecommunications service as misdemeanor. 49-31-37 Obtaining telecommunications service without payment as theft. 49…
SDCL § 49-31-35 Severability and saving clause respecting unlawful telephone calls
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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…
SDCL § 49-31-36 Manufacture, possession or transfer of instrument for fraudulently obtaining telecommunications service as misdemeanor
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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 …
SDCL § 49-31-37 Obtaining telecommunications service without payment as theft
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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…
SDCL § 49-31-38 Violation of provision of chapters 49-1A , 49-13 , and 49-31 and of order, rule, or regulation concerning telecommunication company regulation--Civil fine
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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…
SDCL § 49-31-38.1 Intentional violation of provision of chapters 49-1A , 49-13 , and 49-31 and of order, rule, or regulation of commission--Civil fine
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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…
SDCL § 49-31-38.2 Additional penalty for violations--Forfeiture of franchise--Foreign corporations
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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…
SDCL § 49-31-38.3 Action by attorney general to forfeit franchise or enjoin transaction of business
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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…
SDCL § 49-31-4 Determination and approval of rates and prices by commission--Attribution of revenues, investments and expenses--Rules
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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, …
SDCL § 49-31-4.1 Hearings on price regulation--Petition--Adoption of price regulation for noncompetitive service
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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…
SDCL § 49-31-4.2 Uniform prices for intrastate interexchange telecommunications services--Volume discounts--Taxes
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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…
SDCL § 49-31-4.3 Accounts of other businesses--Consideration by commission--Disallowance of unreasonable profits--Burden of proof
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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…
SDCL § 49-31-41 Security on stay of order--Conditions
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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…
SDCL § 49-31-42 Proceedings before circuit court on appeal--Priority
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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 …
SDCL § 49-31-43 Repealed by SL 1992, ch 328 , § 35
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49-31-44 Creation of telecommunications investigation fund--Purposes of fund--Deposit by telecommunications company. 49-31-45 Payment of investigation and hearing expenses--Procedure for payment--Accounting of company's deposit--Notice and order as to amount to be returned. 49-31…
SDCL § 49-31-44 Creation of telecommunications investigation fund--Purposes of fund--Deposit by telecommunications company
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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-…
SDCL § 49-31-45 Payment of investigation and hearing expenses--Procedure for payment--Accounting of company's deposit--Notice and order as to amount to be returned
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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…
SDCL § 49-31-46 Payment for participation in federal proceedings
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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…
SDCL § 49-31-47 The access fee shall be paid by each local exchange subscriber to a local exchange service, or by each cellular telephone or radio pager service subscriber to the service provider, unless the subscriber is otherwise exempt from taxation
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The access fee shall be reported as a separate line or service and collected on the regular monthly bill by each local exchange telecommunications company or other service provider operating in this state. On or before the last day of the month following each two-month period, ev…
SDCL § 49-31-48 Telecommunication or communication device for individuals with disabilities--Dual party relay system
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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…
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…