(A) A government-owned communications service provider may petition the commission to designate one or more areas as an unserved area. The petition must identify with specificity each 2010 Census tract within a persistent poverty county described in Section 58-9-2610(G) and each 2010 Census block in any other county for which this designation is sought. The petition also must identify each county that contains any Census tract or block identified in the petition. If an objection is not filed pursuant to subsection (C), the commission must grant the petition and designate each 2010 Census tract or block identified in the petition as an unserved area.
(B) The commission shall maintain a list, by county, of all broadband service providers who have provided to the commission written notification that they wish to receive notice of petitions to designate unserved areas in a particular county or counties. The commission must serve electronic notice of the petition described in subsection (A) on all broadband service providers in the affected county or counties that requested notice of petitions within five working days of the petition's filing. The commission also must post public notice of the filing of the petition on its website.
(C)(1) A broadband service provider that has not notified the commission of its wish to receive notice of petitions pursuant to subsection (B) or a resident of an area designated in a petition filed pursuant to subsection (A) may, within thirty days after the commission posts public notice of the filing of the petition on its website, file with the commission an objection to this designation on the ground that one or more areas designated in the petition is not an unserved area.
(2) A provider of broadband service in the area designated in a petition filed pursuant to subsection (A) that notified the commission of its wish to receive notice of petitions may, within thirty days after service of the notice required in subsection (B), file with the commission an objection to this designation on the ground that one or more areas designated in the petition is not an unserved area.
(3) Any provider or resident filing an objection must file testimony supporting the objection within thirty days after the objection is filed. If no testimony is filed in support of the objection, the petition must be granted.
(D) If an objection is filed pursuant to subsection (C), the commission must:
(1) give the petitioner an opportunity to submit prefiled testimony responding to the objection;
(2) hold a hearing on the dispute; and
(3) rule on the petition within ninety days after the objection is filed.
(E) Upon a commission designation that an area is an unserved area, the provisions of Sections 58-9-2620, 58-9-2630, and 58-9-2650 must not apply to a broadband service provided by the petitioner in that area until the later of:
(1) sixty months after the effective date of this act if, at the time an area is designated as an unserved area, the transmission speed requirements for basic broadband tier 1 service as defined by the Federal Communications Commission for broadband gathering and reporting are the same as they were on the effective date;
(2) thirty-six months after the effective date of this act if, at the time an area is designated as an unserved area, the transmission speed requirements for basic broadband tier 1 service as defined by the Federal Communications Commission for broadband gathering and reporting are different than they were on the effective date of this act; or
(3) twelve months after the commission determines pursuant to subsection (F) that the area is no longer an unserved area.
(F) A provider of broadband service or a resident of an area designated as an unserved area may petition the commission to determine that the area is no longer an unserved area. After notice and an opportunity for a hearing, the commission must grant the petition if, considering only broadband service that is available from providers other than the government-owned communications service provider that filed the petition resulting in the designation by the commission of the area as an unserved area, the commission determines that the area no longer satisfies the relevant definition of "unserved" in Section 58-9-2610(G).
HISTORY: 2012 Act No. 284, Section 2, eff June 29, 2012.
Editor's Note
2012 Act No. 284, Section 11, provides as follows:
"The provisions of this act do not expand, diminish, or otherwise affect the provisions of Chapter 151, Title 59 regarding the South Carolina LightRail Consortium"
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.