Title 49 — PUBLIC UTILITIES AND CARRIERS

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…

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…

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…

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…

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…

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…

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…

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…

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.

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 …

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…

The owners of any telecommunications facilities operated in this state are granted the right - of - way over or under lands and real property belonging to the state and the right to use public grounds, streets, alleys and highways in this state, subject to the control by the prop…

Terms as used in §§ 49-32-10 to 49-32-16 , inclusive, unless the context otherwise requires, mean: (1) "High voltage," a voltage in excess of seven hundred fifty volts between conductors or between any single conductor and the ground; (2) "Overhead lines or overhead conductors," …

No person may, individually or through an agent or employee, and no person as an agent or employee of another person, may perform or permit another to perform any function or activity if it is probable that during the performance of such activity any person or any tool, equipment…

No person may, individually or through an agent or employee, and no person as an agent or employee of another person, may store, operate, erect, maintain, move or transport any tools, machinery, equipment, supplies, materials, apparatus, house or other building, or any part there…

No person may, individually or through an agent or employee or as an agent or employee, operate a crane, derrick, power shovel, drilling rig, hoisting equipment or similar apparatus, any part of which is capable of lateral or swinging motion, unless there is posted and maintained…

If a person desires to carry on a function, activity, work or operation in closer proximity to a high voltage line or conductor than is permitted by §§ 49-32-11 and 49-32-12 , or in such proximity that a function could reasonably be expected to come within closer proximity than p…

Sections 49-32-10 to 49-32-14 , inclusive, shall not be construed as applying to, nor shall they apply to: (1) Construction, reconstruction, operation, or maintenance of any high voltage overhead conductor, supporting structure or appurtenances for the support or operation of a h…

If a violation of this chapter results in physical or electrical contact with any high voltage line, the violator is liable to the owner or operator of such high voltage line for all damage to such facilities and for any liability incurred by such owner or operator as a result of…

For the purposes of §§ 49-32-19 and 49-32-20 , the term, electric transmission line, means any line connecting to existing electric transmission network facilities for conducting electric energy at a design voltage of one hundred fifteen kilovolts or greater phase to phase, other…

For the purposes of § 49-32-20 , the term, incumbent electric transmission owner, means an electric utility or public utility furnishing electric service in this state or wholesale rural electric cooperative whose owners furnish electric service in this state or a municipal power…

It is a Class 2 misdemeanor for any person to maliciously destroy, injure, disconnect, cut, break, ground, or in any manner interfere with telecommunications facilities, a pole, cable, or wire legally erected or strung, or with an underground conduit, subway, or cable or an elect…

Any incumbent electric transmission owner may construct, own, and maintain an electric transmission line that connects to facilities owned by the incumbent electric transmission owner. The right to construct, own, and maintain an electric transmission line that connects to facili…

Section 49-32-2 does not apply to the lawful moving of any structure along or across any public highway by a person who has used all necessary means to prevent injury to a utility's lines and who: (1) Provides no less than forty - eight hours notice, which notice shall be calcula…

Any person, any political subdivision of this state, or any other public or private entity, however organized, that constructs, maintains, or operates a wind collector system for the purpose of producing electric energy shall, prior to the conclusion of planning for construction …

As used in §§ 49-32-3.1 and 49-32-3.2 , the term, wind collector system, means all power lines and associated equipment located between the first substation and the wind turbines that collect electricity and transmit it from the wind turbines to the first substation. Source: SL 2…

Nothing in § 49-32-2 or 49-32-3 may be construed to deprive municipalities of the right to regulate by ordinance the moving of buildings, or the location of telecommunications facilities or electric lines or wires within their respective limits. Source: SDC 1939, § 13.4520; SL 19…

It is a petty offense for a person owning or operating telecommunications facilities or electric lines, or any part of such facilities or lines in this state to intentionally extend telecommunications facilities or electric wires, any part of which is less than eighteen feet from…

No person owning or operating any telecommunications facilities or electric lines, or any part of such facilities or lines in this state, may collect damages from any person who cuts, breaks, removes, or otherwise destroys any such telecommunications facilities, or electric wires…

Nothing contained in §§ 49-32-5 and 49-32-6 may be construed to exempt anyone owning or operating any telecommunications facilities, or electric lines in this state from liability for any damage or injury which anyone may sustain by reason of the faulty or negligent construction …

Terms used in this chapter, unless the context otherwise requires, mean: (1) "Registered professional engineer," a person with a degree in radio electronics entitling him to the use of the title of professional engineer and whose credentials are a matter of record with the Federa…

The board of trustees of the district shall serve without compensation but shall be reimbursed for reasonable expenses incurred in the operation of the translator district. Source: SL 1976, ch 76 , § 10. 49-32A-11 to 49-32A-13. Repealed by SL 1979, ch 315 , §§ 2 to 4.

The board of trustees shall prepare a budget for the expenses for the next year, which budget shall be presented by July first to the boards of county commissioners of the counties in the television district. The board of county commissioners of each county in the district shall …

The treasurer of the county with the largest population in the district shall be the treasurer for the district and hold the funds appropriated by that county and funds appropriated by any other county shall be forwarded to him and deposited in a separate fund to be disbursed by …

A translator district organized under this chapter, acting through its board of trustees may perform all the acts and take all the necessary steps to provide television services within the area in order that all persons within the service area shall be supplied by means of an app…

If necessary in the furtherance of the objects of this chapter, a translator district organized under this chapter may acquire, build, construct, repair, own, maintain and operate any necessary stations transmitting simultaneous signals intended to be received by the general publ…

A translator district organized under this chapter may make contracts with the United States, or any state, municipality or any department or agency of those entities for carrying out the general purposes for which the district is formed. It may make contracts of any lawful natur…

A translator district organized under this chapter may apply for, accept, and be the holder of any permit or license issued by or required under federal or state law. Source: SL 1976, ch 76 , § 9; SL 1979, ch 315 , § 7.

The purpose of a translator district shall be to serve the public interest, convenience, and necessity in the construction, maintenance and operation of translator stations and any system necessary thereto by appropriate electronic means for television program distribution, but t…

The board of county commissioners may annex contiguous territory by ordinance in accordance with the procedures outlined in chapter 1-24 . Source: SL 1976, ch 76 , § 15.

If a board of county commissioners finds, following a public hearing or hearings, that the continued existence of a television translator district would no longer serve the purposes of this chapter, it may by resolution order the district dissolved. In the case of a television tr…

Any area of the state may organize as a translator district for the performance of functions provided for in this chapter. A translator district may include a part or all of any county or may include areas in more than one county and may include any municipality located within th…

A board of county commissioners may by ordinance establish a translator district. The provisions of chapter 7-18A shall govern such procedure. Source: SL 1976, ch 76 , § 4.

Before any further action is taken the board of county commissioners shall order a feasibility study to be made by a professional engineering consultant as defined in this chapter. The feasibility study shall include recommendations, including but not limited to the type and amou…

The commissioners shall present the feasibility study to the general public residing in the proposed coverage area by public hearings. If sufficient public interest and support is indicated at the public hearings, the board of county commissioners shall establish the boundaries o…

The board of county commissioners, upon the creation of the district, and as a part of the order creating the district, shall appoint a board of no less than three nor more than five trustees to administer the affairs of the district. Each of the trustees shall be a resident of t…

Trustees appointed pursuant to § 49-32A-7 shall hold office for the term of their respective appointment or until their successors are appointed and qualified; at the end of the respective terms of the trustees, the board of county commissioners shall appoint a new trustee for a …

The board of trustees shall meet once a month at a regular time and place to transact the business of the district, the time and place to be fixed by the trustees and any change in the time and place of meetings shall be given by publication of notice in a newspaper most likely t…

Any number of persons, not less than three, may form a corporation for the purpose of constructing, maintaining and operating a street railway or railways or for the purpose of generating, transmitting or distributing electricity, the same to be sold to or used by the public for …

Every corporation organized under this chapter shall have power to lay out its road not exceeding fifty feet in width and construct the same, and for such purpose to obtain gravel or other material for its cuttings and embankments; to take so much land as may be necessary for the…