As used in this article:
(1) "Telecommunications service" means the provision, transmission, conveyance, or routing for a consideration of voice, data, video, or any other information or signals of the purchaser's choosing to a point, or between or among points, specified by the purchaser, by or through any electronic, radio, or similar medium or method now in existence or hereafter devised. The term "telecommunications service" includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, Internet protocol telephony, and mobile telecommunications services and to the extent not already provided herein, those services described in North American Industry Classification System Manual (NAICS) 5171, 5172, 5173, 5174, and 5179, except satellite services exempted by law.
(2) "Retail telecommunications service" includes telecommunications services as defined in item (1) of this section but shall not include:
(a) telecommunications services which are used as a component part of a telecommunications service, are integrated into a telecommunications service, or are otherwise resold by another provider to the ultimate retail purchaser who originates or terminates the end-to-end communication including, but not limited to, the following:
(i) carrier access charges;
(ii) right of access charges;
(iii) interconnection charges paid by the providers of mobile telecommunications services or other telecommunications services;
(iv) charges paid by cable service providers for the transmission by another telecommunications provider of video or other programming;
(v) charges for the sale of unbundled network elements;
(vi) charges for the use of intercompany facilities; and
(vii) charges for services provided by shared, not-for-profit public safety radio systems approved by the FCC;
(b) information and data services including the storage of data or information for subsequent retrieval, the retrieval of data or information, or the processing, or reception and processing, of data or information intended to change its form or content;
(c) cable or video services that are subject to franchise fees;
(d) satellite television broadcast services.
(3) "Telecommunications company" means a provider of one or more telecommunications services.
(4) "Cable service" includes, but is not limited to, the provision of video programming or other programming service to purchasers, and the purchaser interaction, if any, required for the selection or use of the video programming or other programming service, regardless of whether the programming is transmitted over facilities owned or operated by the cable service provider or over facilities owned or operated by one or more other telecommunications service providers.
(5) "Mobile telecommunications service" includes, but is not limited to, any one-way or two-way radio communication service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves, through cellular telecommunications services, personal communications services, paging services, specialized mobile radio services, and any other form of mobile one-way or two-way communications service.
(6) "Service address" means the location of the telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a retail customer. If this location is not a defined location, as in the case of mobile phones, paging systems, maritime systems, and the like, "service address" means the location of the retail customer's primary use of the telecommunications equipment or the billing address the customer gives to the service provider, provided that the billing address is within the licensed service area of the service provider. A sale of postpaid calling services is sourced to the origination point of the telecommunications signal as first identified by either (i) the seller's telecommunications system; or (ii) information received by the seller from its service provider, if the system used to transport such signals is not that of the seller.
(7) "Bad debt" means any portion of a debt that is related to a sale of telecommunications services and which has become worthless or uncollectible, as determined under applicable federal income tax standards.
(8) "Postpaid calling service" means the telecommunications service obtained by making a payment on a call-by-call basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card, or debit card, or by charge made to a telephone number that is not associated with the origination or termination of the telecommunications service.
HISTORY: 1999 Act No. 112, Section 1, eff June 30, 1999; 2003 Act No. 69, Section 3.TT, eff January 1, 2005; 2005 Act No. 8, Section 1, eff January 13, 2005; 2005 Act No. 8, Section 2, eff January 13, 2005; 2007 Act No. 8, Section 3, eff March 30, 2007.
Editor's Note
The preamble to 1999 Act No. 112, effective June 30, 1999, provides as follows:
"Whereas, Congress enacted the Telecommunications Act of 1996 to open local telephone markets to competition, and the telecommunications industry is in a state of transition; and
"Whereas, in addition to new competitors in traditional local exchange telecommunications markets, a number of new technologies has developed and is developing at a rapid pace, expanding the array of telecommunications providers and services available to consumers; and
"Whereas, since the passage of the Telecommunications Act of 1996, competition in telecommunications services and the number of competitors in the telecommunications industry in South Carolina has grown and continues to grow, as evidenced by the hundreds of new entrants into the industry. In South Carolina, over four hundred companies have been authorized to provide long distance service and over seventy companies have been authorized to provide local telephone service. South Carolina now has over one thousand authorized pay phone service providers and numerous digital and analog wireless and paging providers. Telephony may also now be provided over Internet protocol and cable modems; and
"Whereas, the citizens of municipalities in South Carolina have long enjoyed the public benefit of dependable local exchange and long distance telecommunications service provided to them by telecommunications carriers that have constructed, operated, and maintained telecommunications facilities to serve those citizens, and that currently occupy the municipal rights-of-way in the State; and
"Whereas, Congress has stated that nothing in Section 253 of the Telecommunications Act of 1996 affects the authority of the state or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is disclosed by such government. The General Assembly finds that shifting of current taxation and fees from a franchise fee basis to the basis outlined in the attached article is necessary and appropriate due to the transition of the telecommunications industry and is fair and reasonable, and taxes and fees exceeding such amount, except upon extraordinary circumstances, would be unreasonable. Now, therefore,"
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 9 - Telephone, Telegraph And Express Companies
Section 58-9-30. Municipal rights, powers and privileges under Constitution not impaired.
Section 58-9-40. Municipal police regulations and ordinances not affected.
Section 58-9-50. Articles 1 through 13 of this chapter not applicable to interstate commerce.
Section 58-9-200. Definitions.
Section 58-9-210. Rates shall be just and reasonable.
Section 58-9-230. Adherence to schedules.
Section 58-9-240. Permitted free or reduced rates.
Section 58-9-260. Facilities and equipment shall be maintained in adequate manner.
Section 58-9-270. Extensions of existing facilities.
Section 58-9-285. Regulation of bundled offerings.
Section 58-9-290. Interchange of service.
Section 58-9-297. Relief from obligation to provide communications services.
Section 58-9-300. Abandonment of service.
Section 58-9-310. Sale or other disposition of property, powers, franchises or privileges.
Section 58-9-320. Transactions with affiliates.
Section 58-9-330. Participation in profits from efficiency.
Section 58-9-340. System of accounts.
Section 58-9-350. Depreciation and retirement charges.
Section 58-9-360. Restrictions on capitalization for rate-making purposes.
Section 58-9-370. Annual and special reports.
Section 58-9-380. Office in State.
Section 58-9-390. Compliance with rules and regulations.
Section 58-9-510. Changes in phone rates.
Section 58-9-520. Change in telephone rates initiated by utility; notice.
Section 58-9-530. Dispensing with thirty days' notice of rate change.
Section 58-9-540. Hearing on new schedule of rates; time for Commission action.
Section 58-9-570. Factors which Commission shall consider in determining rates.
Section 58-9-575. Alternative means of regulating telephone utilities.
Section 58-9-577. Approval of alternative form of regulation; conditions and effect of approval.
Section 58-9-585. Alternative means of regulating interexchange telecommunications carrier.
Section 58-9-710. Orders for more reasonable, adequate and efficient service.
Section 58-9-720. Miscellaneous regulations.
Section 58-9-730. Fixing value of utility.
Section 58-9-740. Reparation orders.
Section 58-9-750. Suit to enforce reparation order.
Section 58-9-770. Suits to discontinue or prevent violation of law or order.
Section 58-9-780. Investigations.
Section 58-9-800. Inspection and copying of tax returns, reports and other information.
Section 58-9-810. Promulgation of rules and regulations.
Section 58-9-820. Enforcement powers generally.
Section 58-9-830. Enumeration of powers not exclusive.
Section 58-9-1020. Employment and duties of special agent or examiner.
Section 58-9-1040. Issuance of subpoenas and other process.
Section 58-9-1050. Self-incrimination; immunity.
Section 58-9-1060. Taking of depositions.
Section 58-9-1070. Production of books and other records.
Section 58-9-1080. Filing of petitions.
Section 58-9-1090. Service of petition.
Section 58-9-1100. Service of pleadings or notices.
Section 58-9-1110. Dismissal of petition without hearing.
Section 58-9-1120. Types of hearings.
Section 58-9-1130. Conduct of hearings and proceedings.
Section 58-9-1140. Time and place of hearing; notice.
Section 58-9-1150. Parties who may participate in hearings.
Section 58-9-1160. Findings and orders; sufficiency; service.
Section 58-9-1170. Effective date of order.
Section 58-9-1180. Rescission or amendment of orders or decisions.
Section 58-9-1190. Record of proceedings.
Section 58-9-1200. Rehearings.
Section 58-9-1210. Contempt of Commission.
Section 58-9-1220. Fees and mileage allowances of witnesses and officers.
Section 58-9-1230. Certified copies of documents and orders as evidence.
Section 58-9-1240. Rules governing pleadings, practice and procedure.
Section 58-9-1410. Appeals; vacating or setting aside order of commission.
Section 58-9-1430. Stay or suspension of order pending review.
Section 58-9-1450. Commission's orders presumed lawful and reasonable.
Section 58-9-1610. Penalties for violation of Articles 1 through 13 of this chapter.
Section 58-9-1620. Each violation and each day of continuing violation deemed a separate offense.
Section 58-9-1630. Principals responsible for acts of agents.
Section 58-9-1640. Penalties shall be cumulative.
Section 58-9-1650. Actions to recover penalties.
Section 58-9-1810. Duty to receive and transmit telegrams.
Section 58-9-1820. Liability for messages in cipher.
Section 58-9-1840. Delivery of certain messages.
Section 58-9-1850. Free delivery of messages in certain cities.
Section 58-9-1860. Liability for negligence causing mental anguish or suffering.
Section 58-9-2020. Authorization to construct, maintain and operate lines in State.
Section 58-9-2030. Condemnation powers generally.
Section 58-9-2150. Delivery of messages between points in this State.
Section 58-9-2160. Action for damages for failure to deliver message between points in this State.
Section 58-9-2200. Definitions.
Section 58-9-2210. Cable service franchise agreement authority.
Section 58-9-2220. Retail telecommunications services business license taxes; maximum rates.
Section 58-9-2240. Regulatory control by local government.
Section 58-9-2250. Existing consent agreements.
Section 58-9-2260. Enforcement of ordinances or practices conflicting with article.
Section 58-9-2270. Customer bill disclosure of business license tax.
Section 58-9-2510. Definitions.
Section 58-9-2515. Public Service Commission jurisdiction.
Section 58-9-2520. Statewide access program.
Section 58-9-2530. Dual party relay charge.
Section 58-9-2535. Dual party relay charge collections.
Section 58-9-2550. Distribution systems.
Section 58-9-2600. Purpose of article.
Section 58-9-2610. Definitions.
Section 58-9-2620. Duties and restrictions; cost and rate computations; accounting requirements.
Section 58-9-2630. Tax collections and payments.
Section 58-9-2650. Liability insurance rates.
Section 58-9-2660. Petitions to designate unserved areas; notice; objections.
Section 58-9-2689. Report of State Regulation of Public Utilities Review Committee.
Section 58-9-3000. Short title; legislative findings.
Section 58-9-3010. Definitions.
Section 58-9-3020. Actions authorized to be taken by electric cooperatives.
Section 58-9-3030. Nondiscriminatory access; written contracts; retail broadband service.
Section 58-9-3040. Electric easements; civil actions; damages; liability.