South Dakota 31 — Telecommunications Services
- 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.
- 49-31-2 — Applicability of statutes to telecommunications companies.
- 49-31-3 — General supervision of telecommunications companies offering common carrierservices by commission where not preempted--Filing application withcommission--Demonstration of capabilities--Rules--Offering services withoutcertificate of authority as misdemeanor.
- 49-31-3.1 — Approval required for discontinuance of noncompetitive telecommunicationsservice.
- 49-31-3.2 — Waiver, modification, etc., of rules and orders for fully competitive or emergingcompetitive service--Application for classification--Factors in determiningclassification--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 ofproof--Stay of price change--Penalties and costs for spurious petition.
- 49-31-4 — Determination and approval of rates and prices by commission--Attribution ofrevenues, investments and expenses--Rules.
- 49-31-4.1 — Hearings on price regulation--Petition--Adoption of price regulation fornoncompetitive 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 ofunreasonable profits--Burden of proof.
- 49-31-5 — Promulgation of rules for conduct of business.
- 49-31-5.1 — Telecommunications cooperatives, municipal telephone systems and independenttelephone companies--Election to be regulated by commission.
- 49-31-5.2 — Independent telecommunications companies--Petition by subscribers for electionto be regulated by commission.
- 49-31-5.3 — Independent telecommunications companies--Procedure for election bysubscribers 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 — , 49-31-9. Repealed.
- 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 differentcompanies or services--Revision of rates--Notice to companies.
- 49-31-12.1 — Tariff as prima facie evidence of reasonableness--Commission certified as truecopy.
- 49-31-12.2 — Duties of regulated companies concerning publication and filing of rates orprices.
- 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 andhearing--Suspension or disapproval of price or practice.
- 49-31-12.6 — Deposits into regulatory assessment fee fund.
- 49-31-13 — Repealed.
- 49-31-14 — Repealed.
- 49-31-14.1 — Repealed.
- 49-31-15 — Access to telecommunications facilities--Application to commission--Orderrequiring access--Apportionment of expenses.
- 49-31-16 — Repealed.
- 49-31-17 — Repealed.
- 49-31-18 — Access provided to companies doing business in same vicinity--Discriminationprohibited.
- 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.
- 49-31-22 — to 49-31-24. Transferred.
- 49-31-25 — Disclosure of contents, refusal to send or forging receipt of message asmisdemeanor--Judicially ordered disclosure excepted.
- 49-31-26 — Disclosure of message without written permission of sender or addressee asmisdemeanor--Judicial disclosure excepted.
- 49-31-27 — 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 — Threatening or harassing telephone calls as misdemeanor.
- 49-31-32 — Obscene telephone calls--Failure to replace receiver--Prima facie evidence ofunlawfulness.
- 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.
- 49-31-34 — Repealed.
- 49-31-35 — Severability and saving clause respecting unlawful telephone calls.
- 49-31-36 — Manufacture, possession or transfer of instrument for fraudulently obtainingtelecommunications 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, orregulation concerning telecommunication company regulation--Civil fine.
- 49-31-38.1 — Intentional violation of provision of chapters 49-1A, 49-13, and 49-31 and oforder, 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 — , 49-31-40. Repealed.
- 49-31-41 — Security on stay of order--Conditions.
- 49-31-42 — Proceedings before circuit court on appeal--Priority.
- 49-31-43 — Repealed.
- 49-31-44 — Creation of telecommunications investigation fund--Purposes of fund--Depositby 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 — Statewide program to provide telecommunications services for state residentswith disabilities that prevent them from using a telephone.
- 49-31-48 — Telecommunication device for individuals with disabilities.
- 49-31-49 — Telecommunication devices property of state--Liability for loss or damage--Disposition of money collected.
- 49-31-50 — Telecommunication fund for the deaf and for other disabilities created--Continuous appropriation (Effective until June 30, 2008).
- 49-31-50 — Telecommunication fund for the deaf and for other disabilities created (EffectiveJune 30, 2008).
- 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 on local exchange service lines, cellular telephones, and radio pagerdevices--Report of fee on monthly bills--Report on and remission of fees--Disposition of funds collected (Effective until July 1, 2007).
- 49-31-51 — Access fee imposed on local exchange service lines, cellular telephones and radiopager devices--Report of fee on monthly bills--Report on and remission of fees--Disposition of funds collected (Effective July 1, 2007).
- 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.
- 49-31-57 — 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 — to 49-31-68. Repealed.
- 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 forpromotions.
- 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 withoutsubscriber authorization--Evidence of authorization--Commission authorized topromulgate 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 bereturned after register implemented.
- 49-31-107 — Telecommunications companies to notify customers of certain provisions.
- 49-31-108 — Violators subject to civil penalty imposed by commission.
- 49-31-109 — Definitions.
- 49-31-110 — Local telecommunications traffic signaling information required to be providedby originating carrier to terminating carrier to assess charges.
- 49-31-111 — Nonlocal telecommunications traffic signaling information required to beprovided by originating carrier to terminating carrier to assess charges.
- 49-31-112 — Transiting carrier required to deliver signaling information withtelecommunications 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 certaintelecommunications contracts.
- 49-31-117 — Commission disbursement of certain bond or other proceeds to affectedcustomers--Interest.
- 49-31-118 — Wireless telephone number information in wireless directory assistance servicedatabase--Authorization for inclusion or sale.
- 49-31-119 — Charge for exclusion of number from wireless directory assistance servicedatabase prohibited.
- 49-31-120 — Definitions.
- 49-31-121 — Obtaining confidential communications records without authorization fromcustomer as misdemeanor.
- 49-31-122 — Selling confidential communications records without authorization fromcustomer as felony.
- 49-31-123 — Law enforcement permitted to obtain confidential communications recordspursuant to subpoena or court order.
- 49-31-124 — Communications provider permitted to obtain confidential communicationsrecords through agents.
- 49-31-125 — Communications provider permitted to obtain confidential communicationsrecords in connection with sale of business or migration of customer.
- 49-31-126 — Civil action for violation--Double damages, costs, and attorney's fees.