(A) No telephone utility may directly or indirectly, by any device whatsoever or in any way, charge, demand, collect, or receive from any person or corporation a greater or less compensation for any service rendered or supplied, or to be rendered or supplied, by the telephone utility, than that prescribed in the schedules of the telephone utility applicable thereto then filed in the manner provided in Articles 1 through 13 of this chapter, nor may any person or corporation receive or accept any service from a telephone utility for a compensation greater or less than that prescribed in the schedules.
(B) Local exchange company centrex-type services or billing and collection services, or both, may be offered to subscribers without the schedules related thereto being filed as provided in subsection (A), if the Commission, after hearing, first determines that such services are subject to competition in the relevant product and geographic markets. The Commission shall retain regulatory authority, however, over the rates, revenues, investments, expenses, and quality of the services so offered.
(C) The charges for services offered by the utility pursuant to subsection (B) must, in every instance, be provided at a level above the cost of the service as determined by the commission. The regulatory staff shall have access to such data to ensure compliance with this section. The cost data is not subject to disclosure to the public. However, upon the application of any interested party and for good cause shown, the commission may enter an appropriate order which directs the manner in which the proprietary cost data provided to the regulatory staff may be made available to such interested party.
(D) When a local exchange company proposes to offer a service pursuant to subsections (B) and (C), the Commission shall first determine:
(1) whether monopoly elements are offered as part of the centrex-type service; and
(2) if the Commission finds the existence of a monopoly element, then it must decide whether or not that monopoly element should be unbundled from the detariffed service. If they find that the monopoly element should be unbundled, then only the competitive elements of that service may be detariffed.
(3) This section does not amend or repeal the provisions of Section 58-9-250.
HISTORY: 1962 Code Section 58-373; 1952 Code Section 58-373; 1950 (46) 2466; 1988 Act No. 537, eff May 17, 1988; 2006 Act No. 318, Section 33, eff May 24, 2006.
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.