When in the judgment of the Commission there is a reasonably substantial affiliation of any radio common carrier engaged in business in this State with any other corporation or person or when in the judgment of the Commission any other corporation or person either exercises, or is in position to exercise, by reason of ownership or control of securities or for any other cause, any reasonably substantial control over the business or policies of any radio common carrier engaged in business in this State, the burden of proof shall be upon the radio common carrier to establish as determined by the Commission the reasonableness, fairness, and absence of injurious effect upon the public interest of any fees or charges growing out of any transactions between any radio common carrier and such other corporation or person. Every radio common carrier shall be required to produce, if so ordered by the Commission, for the information of the commission and the public, all such contracts, papers, and documents relating thereto and explanatory thereof as may be required by the Commission, and unless the reasonableness of such fees and charges is established, as determined by the Commission, the same shall not be allowed by the Commission for rate-making purposes.
The Commission shall not allow for rate-making purposes any fees or expenses included in any contract or agreement with an affiliate representing charges that the Commission has directly disallowed in its rate-making orders.
HISTORY: 1975 (59) 598; 1983 Act No. 138 Section 15, eff June 15, 1983.
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 11 - Radio Common Carriers
Section 58-11-10. Definitions.
Section 58-11-20. Rates shall be just and reasonable.
Section 58-11-30. Filing schedules of rates, rules and regulations.
Section 58-11-40. Compensation different from that in schedule shall not be charged or received.
Section 58-11-60. Procedure for changes in rates initiated by radio common carrier.
Section 58-11-80. Service shall be adequate and efficient.
Section 58-11-110. Carrier shall file application with Federal Communications Commission.
Section 58-11-120. Extension of existing facilities.
Section 58-11-130. Abandonment of service.
Section 58-11-140. Sale or other disposition of property, powers, franchises or privileges.
Section 58-11-150. Restrictions on capitalization for rate-making purposes.
Section 58-11-160. Systems of accounts.
Section 58-11-170. Depreciation and retirement charges.
Section 58-11-180. Transactions with affiliates.
Section 58-11-190. Participation in profits from efficiency.
Section 58-11-200. Annual and special reports.
Section 58-11-210. Companies subject to chapter even before commencing operations.
Section 58-11-220. Office in State.
Section 58-11-230. Compliance with orders and regulations.
Section 58-11-240. Procedure for issuance of securities by nonmunicipal radio common carriers.
Section 58-11-410. Changes of rates; factors considered in determining reasonable rates.
Section 58-11-420. Orders for more reasonably adequate and efficient service.
Section 58-11-430. Miscellaneous regulations.
Section 58-11-440. Fixing value of carrier.
Section 58-11-450. Investigations.
Section 58-11-460. Reparation orders; suit to enforce order.
Section 58-11-500. Inspection and copying of tax returns, reports and other information.
Section 58-11-520. Actions to discontinue or prevent violation of law or order.
Section 58-11-530. Hearing before one or more commissioners; approval and filing.
Section 58-11-540. Promulgation of rules and regulations.
Section 58-11-550. Rules governing pleadings, practice and procedure.
Section 58-11-560. Enforcement powers generally.
Section 58-11-570. Employment of technical, administrative and clerical staff.
Section 58-11-580. Enumeration of powers not exclusive.
Section 58-11-800. Short title; legislative findings.
Section 58-11-810. Definitions.
Section 58-11-815. Agreements predating this act; application of article.
Section 58-11-850. Rates and fees for the collocation of a small wireless facility.
Section 58-11-853. Wireline backhaul facilities.
Section 58-11-857. No interference with existing infrastructure, equipment, or service.
Section 58-11-860. Activities in the ROW.
Section 58-11-880. Article does not apply to poles owned by investor-owned utility; exception.
Section 58-11-900. Jurisdiction of Administrative Law Court over disputes.
Section 58-11-910. Indemnification; insurance; bonding requirements.