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South Dakota Codified Laws
Title 49
Chapter 49-31
S.D. Codified Laws ch. 49-31
Telecommunications Services
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49-31-1
Definitions.
49-31-1.1
"Noncompetitive service" defined.
49-31-1.2
"Emerging competitive service" defined.
49-31-1.3
"Fully competitive service" defined.
49-31-1.4
"Price regulation" defined--Determination of fair and reasonable price.
49-31-1.5
Unsolicited telephone call defined.
49-31-1.6
Established business relationship defined.
49-31-2
Applicability of statutes to telecommunications companies.
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 ...
49-31-3.1
Approval required for discontinuance of noncompetitive telecommunications service.
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.
49-31-3.3
Investigation of telecommunications services--Ninety-day period--Reclassification--Burden of proof--Reclassification after 90 days.
49-31-3.4
Reclassification proceeding--Factors in determining reclassification--Burden of proof--Stay of price change--Penalties and costs for spurious petition.
49-31-4
Determination and approval of rates and prices by commission--Attribution of revenues, investments and expenses--Rules.
49-31-4.1
Hearings on price regulation--Petition--Adoption of price regulation for noncompetitive service.
49-31-4.2
Uniform prices for intrastate interexchange telecommunications services--Volume discounts--Taxes.
49-31-4.3
Accounts of other businesses--Consideration by commission--Disallowance of unreasonable profits--Burden of proof.
49-31-5
Promulgation of rules for conduct of business.
49-31-5.1
Telecommunications cooperatives, municipal telephone systems and independent telephone companies--Election to be regulated by commission.
49-31-5.2
Independent telecommunications companies--Petition by subscribers for election to be regulated by commission.
49-31-5.3
Independent telecommunications companies--Procedure for election by subscribers to be regulated by commission.
49-31-5.4
Independent telecommunications companies--"Subscribers" defined.
49-31-6
Valuation of company property.
49-31-7
Improvement of business and equipment--Notice to company from commission.
49-31-7.1
Powers and duties of commission.
49-31-7.2
Liability for damages unaffected.
49-31-7.3
Court order to testify or produce records--Violation as contempt.
49-31-7.4
Obstruction of commission--Civil fine.
49-31-8
49-31-8, 49-31-9. Repealed by SL 1987, ch 345, § 93.
49-31-10
Delivery of messages to persons intended--Care required.
49-31-11
Discrimination prohibited--Civil fine.
49-31-12
Commission to make rate or price schedule--Different rates or prices for different companies or services--Revision of rates--Notice to companies.
49-31-12.1
Tariff as prima facie evidence of reasonableness--Commission certified as true copy.
49-31-12.2
Duties of regulated companies concerning publication and filing of rates or prices.
49-31-12.3
Failure to file tariffs and agreements--Mandamus.
49-31-12.4
Filing of new or changed tariff--Procedures for commission.
49-31-12.5
Filing of new schedule affecting emerging competitive service--Notice and hearing--Suspension or disapproval of price or practice.
49-31-12.6
Deposits into regulatory assessment fee fund.
49-31-12.7
Tariffs for telecommunications services other than emerging and noncompetitive services prohibited.
49-31-12.8
Availability of telecommunications services information--Notification of adverse change in rates, terms, or conditions.
49-31-13
Repealed
Repealed
49-31-14
Repealed
Repealed
49-31-14.1
Repealed
Repealed
49-31-15
Access to telecommunications facilities--Application to commission--Order requiring access--Apportionment of expenses.
49-31-16
Repealed
Repealed
49-31-17
Repealed
Repealed
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
Repealed
Repealed
49-31-22
49-31-22 to 49-31-24. Transferred to § 49-31-21.
49-31-25
Disclosure of contents, refusal to send or forging receipt of message as misdemeanor--Judicially ordered disclosure excepted.
49-31-26
Disclosure of message without written permission of sender or addressee as misdemeanor--Judicial disclosure excepted.
49-31-27
Repealed
Repealed
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.
49-31-30
Securing line by claiming nonexistent emergency as misdemeanor.
49-31-31
Contact by telephone or other device--Threatening, harassing, or misleading contacts--Penalty.
49-31-31.1
Electronic communication device defined.
49-31-31.2
Caller identification--Fictitious or misleading--Exceptions.
49-31-32
Obscene telephone calls--Failure to replace receiver--Prima facie evidence of unlawfulness.
49-31-32.1
Dial-a-porn communications prohibited--Violation as misdemeanor.
49-31-32.2
Liability of persons for illegal use of telephone or facility under their control--Violation as misdemeanor.
49-31-32.3
Each day of violation constitutes separate offense.
49-31-33
Place of commission of offense committed by telephone or other electronic communication device.
49-31-34
Repealed
Repealed
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.
49-31-38
Violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation concerning telecommunication company regulation--Civil fine.
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.
49-31-38.2
Additional penalty for violations--Forfeiture of franchise--Foreign corporations.
49-31-38.3
Action by attorney general to forfeit franchise or enjoin transaction of business.
49-31-39
49-31-39, 49-31-40. Repealed by SL 1992, ch 328, §§ 32, 33.
49-31-41
Security on stay of order--Conditions.
49-31-42
Proceedings before circuit court on appeal--Priority.
49-31-43
Repealed
Repealed
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.
49-31-46
Payment for participation in federal proceedings.
49-31-47
Communication devices and services provided to persons with disabilities.
49-31-48
Telecommunication or communication device for individuals with disabilities--Dual party relay system.
49-31-49
Telecommunication or communication device remains property of state for three years.
49-31-50
Telecommunication funds for persons with hearing and other disabilities--Continuous appropriation.
49-31-50.1
Use of funds appropriated pursuant to § 49-31-50.
49-31-50.2
Rules relating to cochlear implants.
49-31-50.3
Approval of vouchers--Warrants.
49-31-51
Access fee imposed on local exchange service lines, cellular telephones and radio pager devices--Report of fee on monthly bills--Report on and remission of fees--Disposition of funds collected.
49-31-51.1
Promulgation of rules to administer access fee.
49-31-52
Liability for uncollected fees.
49-31-53
Annual review of access fee--Report to legislature.
49-31-54
Administrative cost for collection of fee.
49-31-55
Sources of funds in addition to access fees.
49-31-56
Method of payment of expenditures.
49-31-56.1
Promulgation of rules regarding telecommunications and communication services program.
49-31-57
Penalty for pleading filed for improper purpose--Sanction by commission.
49-31-58
Alternative methods of assigning costs for certain services.
49-31-59
Procedures for approving sale of telecommunications exchanges.
49-31-59.1
Legislative intent--Joint provisioning and revenue-pooling arrangements--Commission review and approval--Exemptions--Construction.
49-31-60
Telecommunications infrastructure--Legislative intent.
49-31-61
Public Communications Network Infrastructure--Composition.
49-31-62
49-31-62 to 49-31-68. Repealed by SL 1999, ch 224, §§ 3 to 9.
49-31-69
Certificate of authority for construction of telecommunications facility--Extension outside local exchange service area application--Amended certificate.
49-31-70
Application for certificate of authority--Notice.
49-31-71
Certificate of authority--Notice and hearing.
49-31-72
Certificate of authority--Time limit for decision.
49-31-73
Rural service areas--Services--Waiver.
49-31-74
Certificate of authority--Retroactive application--Alterations or additions.
49-31-75
Certificate of authority--Commission approval--Violations.
49-31-76
Commission to adopt rules addressing competitive provisions.
49-31-77
Commission may promulgate rules establishing service quality standards.
49-31-78
Commission shall designate eligible telecommunications carrier for service area--Right to relinquish designation.
49-31-79
Requirements of rural telephone company.
49-31-80
Suspension or modification to carrier with small service area.
49-31-81
Carrier to provide services to competitive telecommunications services provider.
49-31-82
Certain resale restrictions permitted.
49-31-83
Telecommunications companies may form associations--Policy restrictions.
49-31-84
Telecommunication companies may grant incentives to meet competition.
49-31-85
Commission to establish quality of service standards.
49-31-86
Restrictions on price changes for local exchange service--Exemption for promotions.
49-31-86.1
Limitation on promotions.
49-31-86.2
Exemption of § 49-31-86 to take effect December 31, 2000 for certain carriers.
49-31-87
Dialing parity to be implemented.
49-31-88
Companies not exempt from state or federal law.
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.
49-31-90
Third-party verification--Requirements.
49-31-91
Criteria to be met by third-party verification company.
49-31-92
Separate authorization required for each service.
49-31-93
Subscriber not liable for unauthorized change of carrier, products or services--Company to compensate subscriber.
49-31-94
Penalties for violation--Disposition of fines collected.
49-31-95
Commission authorized to investigate complaints.
49-31-96
Costs of commission proceedings may be assessed against company--Objection.
49-31-97
"Subscriber" defined.
49-31-98
Agencies to establish cost recovery mechanism for certain mandated services--Exemption.
49-31-99
Requirements for telephone solicitors making unsolicited calls.
49-31-100
Operation of and subscription to register--Fees.
49-31-101
State "do-not-call" register.
49-31-102
Copy of register required for telephone solicitors making unsolicited calls.
49-31-103
Commission may use national "do-not-call" registry.
49-31-104
Telephone solicitation account established.
49-31-105
Annual fee for unsolicited calls by telephone solicitors.
49-31-106
Commission may use gross receipts tax fund for implementation--Funds to be returned after register implemented.
49-31-107
Telecommunications companies to notify customers of certain provisions.
49-31-108
Telephone solicitation--Violations--Civil penalty.
49-31-109
Definitions.
49-31-110
Local telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges.
49-31-111
Nonlocal telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges.
49-31-112
Transiting carrier required to deliver signaling information with telecommunications traffic--Liability for failure to deliver.
49-31-113
Transit traffic or billing records to be provided by transiting carrier.
49-31-114
Complaint procedure--Provisional remedies.
49-31-115
Promulgation of rules.
49-31-116
Required notice to subscribers of automatic renewal dates in certain telecommunications contracts.
49-31-117
Commission disbursement of certain bond or other proceeds to affected customers--Interest.
49-31-118
Wireless telephone number information in wireless directory assistance service database--Authorization for inclusion or sale.
49-31-119
Charge for exclusion of number from wireless directory assistance service database prohibited.
49-31-120
Definitions.
49-31-121
Obtaining confidential communications records without authorization from customer as misdemeanor.
49-31-122
Selling confidential communications records without authorization from customer as felony.
49-31-123
Law enforcement permitted to obtain confidential communications records pursuant to subpoena or court order.
49-31-124
Communications provider permitted to obtain confidential communications records through agents.
49-31-125
Communications provider permitted to obtain confidential communications records in connection with sale of business or migration of customer.
49-31-126
Civil action for violation--Double damages, costs, and attorney's fees.