As used in this article:
(1) "CMRS connection" means each mobile number assigned to a CMRS customer.
(2) "Commercial Mobile Radio Service" (CMRS) means commercial mobile radio service under Sections 3(27) and 332(d), Federal Telecommunications Act of 1996, 47 U.S.C. Section 151, et seq., Federal Communications Commission Rules, and the Omnibus Budget Reconciliation Act of 1993. The term includes any wireless two-way communication device, including radio-telephone communications used in cellular telephone service, personal communication service, or the functional and/or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communication service, or a network radio access line. The term does not include services that do not provide access to 911 service, a communication channel suitable only for data transmission, a wireless roaming service or other nonlocal radio access line service, or a private telecommunications system.
(3) "Commission" means the Public Service Commission.
(4) "Deaf person" means an individual who is unable to hear and understand oral communication, with or without the assistance of amplification devices.
(5) "Department" means the Department of Revenue.
(6) "Dual party relay system" or "DPR" means a procedure in which a deaf, hearing, or speech impaired TDD user can communicate with an intermediary party, who then orally relays the first party's message or request to a third party, or a procedure in which a party who is not deaf or hearing or speech impaired can communicate with an intermediary party who then relays the message or request to a TDD user.
(7) "Dual sensory impaired person" means an individual who is deaf/blind or has both a permanent hearing impairment and a permanent visual impairment.
(8) "Exchange access facility" means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and Centrex network access registers, all as defined by the South Carolina Public Service Commission. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, or wide area telecommunications service (wats), foreign exchange (fx), or incoming lines.
(9) "Hard of hearing person" means an individual who has suffered a permanent hearing loss which is severe enough to necessitate the use of amplification devices to hear oral communication.
(10) "Hearing impaired person" means a person who is deaf or hard of hearing.
(11) "Local exchange provider" means a local exchange telephone company operating in this State.
(12) "Operating fund" means the Dual Party Relay Service Operating Fund which is a specific fund to be created by the commission and established, invested, managed, and maintained for the exclusive purpose of implementing the provisions of this chapter according to commission regulations.
(13) "Prepaid wireless consumer" means a person or entity that purchases prepaid wireless telecommunications service in a prepaid wireless retail transaction.
(14) "Prepaid wireless provider" means a person or entity that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission.
(15) "Prepaid wireless retail transaction" means the purchase of prepaid wireless telecommunications service from a prepaid wireless seller for any purpose other than resale.
(16) "Prepaid wireless seller" means a person or entity that sells prepaid wireless telecommunications service to another person or entity for any purpose other than resale.
(17) "Prepaid wireless telecommunications service" means any commercial mobile radio service that allows a caller to dial 911 to access the 911 system, which service must be paid for in advance and is sold in units or dollars which decline with use in a known amount.
(18) "Speech impaired person" means an individual who has suffered a loss of oral communication ability which prohibits normal use of a standard telephone handset.
(19) "Subscriber" means any person, company, corporation, business, association, or party who is provided telephone (local exchange access facility) service or CMRS service or VoIP service.
(20) "Telecommunications device" or "telecommunications device for the deaf, hearing, or speech impaired" or "TDD" or "TTY" means a keyboard mechanism attached to or in place of a standard telephone by some coupling device used to transmit or receive signals through telephone lines.
(21) "Voice over Internet Protocol (VoIP) service" means interconnected VoIP service as that term is defined in 47 C.F.R. Section 9.3 as may be amended.
(22) "Voice over Internet Protocol (VoIP) provider" means a person or entity that provides VoIP service.
(23) "Voice over Internet Protocol (VoIP) subscriber" means a person or entity that purchases VoIP service from a VoIP provider.
(24) "Voice over Internet Protocol (VoIP) service line" means a VoIP service that offers an active telephone number or successor dialing protocol assigned by a VoIP service provider to a customer that has outbound calling capability.
HISTORY: 1990 Act No. 488, Section 2, eff May 30, 1990; 1996 Act No. 426, Sections 14A and 14B, eff June 18, 1996; 2006 Act No. 318, Section 71, eff May 24, 2006; 2016 Act No. 181 (S.277), Section 7, eff May 25, 2016.
Editor's Note
1990 Act No. 488, Section 1, eff May 30, 1990, provides as follows:
"The General Assembly finds:
"(1) that telephone service provides a rapid and essential communications link among the general public and with essential offices and organizations such as police, fire, and medical facilities;.
"(2) that all persons should have basic telephone service available to them at a just and reasonable rate;.
"(3) that a significant portion of South Carolina's hearing and speech impaired population has profound disabilities which render normal telephone equipment useless without additional specialized devices; and.
"(4) that there exists a need for a program in which access to basic telephone service for hearing and speech impaired persons is equal in cost to the amount paid by other telephone customers."
Effect of Amendment
2016 Act No. 181, Section 7, rewrote the section.
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.