When petition has been made to the commission concerning any rate or charge for service performed by any radio common carrier, and the commission has found after hearing that the radio common carrier has charged an unreasonable, excessive, or discriminatory amount for such service, the commission may order that the radio common carrier make due reparation to the complainant therefor, with interest from the date of collection; provided, such reparation will not result in establishing unreasonable discrimination and provided, further, that no order for the payment of reparation upon the ground of unreasonableness shall be made by the commission in any instance wherein the rate or charge in question has been authorized by law, and, provided, further, that no assignment of a reparation claim shall be recognized by the commission except assignments by operation of law as in case of death, insanity, bankruptcy, receivership, or order of court. If the radio common carrier does not comply with the order for the payment of reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover such reparation and upon trial of such suit a duly certified copy of the order of the commission shall be prima facie evidence of the facts therein set forth. All complaints concerning unreasonable, excessive, or discriminatory charges on which reparation orders may be made shall be filed with the commission and provided to the Office of Regulatory Staff within two years from the time the cause of action accrues, and the suit for enforcement of the order shall be commenced in the court within one year from the date of the order of the commission. The remedy provided in this section shall be cumulative and in addition to any other remedy or remedies in this chapter for failure of a radio common carrier to obey an order or decision of the commission. The commission must not be a party to any proceeding.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 90, eff May 24, 2006.
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.