South Carolina Code of Laws
Chapter 9 - Telephone, Telegraph And Express Companies
Section 58-9-3020. Actions authorized to be taken by electric cooperatives.

(A) Subject to the limitations set forth in this article, and in addition to all other purposes, powers, and authority currently granted to electric cooperatives under the laws of this State, an electric cooperative may do all of the following within areas in which it is authorized to provide electric service, and within such other areas as provided in subsection (B):
(1) own, maintain, construct, install, and replace broadband facilities;
(2) contract with a broadband service provider, including a broadband affiliate, to own, lease, manage, construct, superintend, install, operate, maintain, and replace a broadband network;
(3) provide retail broadband service only through a broadband affiliate; and
(4) contract with a broadband service provider that is not a broadband affiliate to provide retail broadband service to electric cooperative customers in compliance with the provisions of this article, provided; however, that nothing in this article is intended to nor shall it be construed as regulation of the rates, terms, and conditions of retail broadband service to end-user customers.
(B) An electric cooperative may provide retail broadband service only within:
(1) areas in which it is authorized to provide electric service and areas within two miles of its authorized electric service area;
(2) census block groups for federal funding programs in which the electric cooperative has been designated as a recipient for federal funding provided that:
(a) the funding is provided through a structured and defined program;
(b) the program is open to broadband service providers including, but not limited to, electric cooperatives offering broadband pursuant to this article; and
(c) the program is intended to support the deployment of broadband facilities or broadband service for unserved consumers;
(3) census blocks for state funding programs in which the electric cooperative has been designated as a recipient for state funding provided that:
(a) the funding is provided through a structured and defined program;
(b) the program is open to broadband service providers including, but not limited to, electric cooperatives offering broadband pursuant to this article; and
(c) the program is intended to support the deployment of broadband facilities or broadband service for unserved consumers.
(C) In order to assist an electric cooperative in the planning, engineering, construction, extension, provision, operation, repair and maintenance of broadband facilities, an electric cooperative or its broadband affiliate is authorized to:
(1) apply for, accept, repay, and utilize loans, grants, and other financing from any person; and
(2) enter into contracts, agreements, partnerships, or other types of business relationships with any person.
(D) This article does not require or obligate an electric cooperative to install or implement a broadband network or facilities or to provide broadband service provided; however, nothing in this subsection relieves an electric cooperative from complying with the provisions of Section 58-9-3030(A) and (B).
(E) A broadband affiliate shall only serve the purposes of developing, providing, furnishing, or promoting broadband facilities and broadband services or a combination of such purposes.
HISTORY: 2020 Act No. 175 (H.3780), Section 1, eff September 29, 2020.

Editor's Note
2020 Act No. 175, Section 6, provides as follows:
"SECTION 6. This act does not convey or confer any implied or express grant of authority to an investor-owned electric utility to provide broadband facilities or broadband services as defined in this act and any legal rights which may or may not belong to investor-owned electric utilities to provide broadband facilities or broadband services at the time of the passage of this act are neither expanded nor contracted by its passage."

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 58 - Public Utilities, Services and Carriers

Chapter 9 - Telephone, Telegraph And Express Companies

Section 58-9-10. Definitions.

Section 58-9-20. Companies subject to Articles 1 through 13 of this chapter even before commencing operations.

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 58-9-250. Unreasonable preferences and differences in rates or service shall not be made; reasonable classifications may be established.

Section 58-9-260. Facilities and equipment shall be maintained in adequate manner.

Section 58-9-270. Extensions of existing facilities.

Section 58-9-280. Certificate of public convenience and necessity shall be obtained prior to construction, operation or extension of plant or system; exceptions.

Section 58-9-285. Regulation of bundled offerings.

Section 58-9-290. Interchange of service.

Section 58-9-295. Agreements limiting other communications providers from access to rights-of-way prohibited; penalties.

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 58-9-576. Election by LEC (local exchange carrier); alternative forms of regulation; duties of LEC.

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 58-9-760. Joint investigations, hearings and orders with other state or Federal boards or commissions.

Section 58-9-770. Suits to discontinue or prevent violation of law or order.

Section 58-9-780. Investigations.

Section 58-9-790. Inspections of property; audits of records; examinations of officers and employees.

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 58-9-1010. Hearing before one or more commissioners; approval of determination, ruling or order.

Section 58-9-1020. Employment and duties of special agent or examiner.

Section 58-9-1030. Administration of oaths, examination of witnesses and certification of official acts.

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 58-9-1830. Common carriers of intelligence shall not require contract limiting its liability.

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 58-9-2010. Telephone and telegraph wires shall be erected and maintained so as to protect persons and property.

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 58-9-2230. Public rights-of-way franchise, consent and administrative fees; authorized taxes; mobile telecommunications services.

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 58-9-2540. Repealed.

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 58-9-2670. Exemptions for government-owned communications service providers receiving funding for Comprehensive Community Infrastructure project.

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.

Section 58-9-3050. Relationship between electric cooperatives and broadband affiliates; disconnection of electric services based on customer's failure to pay for broadband service.