South Carolina Code of Laws
Chapter 9 - Telephone, Telegraph And Express Companies
Section 58-9-575. Alternative means of regulating telephone utilities.

(A) Notwithstanding the provisions of Section 58-9-570, in fixing rates and charges for a local exchange telephone utility, the commission may, upon the request of the telephone utility or upon motion of the Office of Regulatory Staff, consider in lieu of the procedures provided in this chapter, alternative means of regulating the telephone utility. If the commission determines that a local exchange telephone utility is subject to competition with respect to its services, the commission may implement regulatory alternatives including, but not limited to, equitable sharing of earnings between a local exchange telephone utility and its customers, consistent with the provisions of Section 58-9-330.
(B) The commission shall review and may authorize implementation of an alternative regulatory plan under subsection (A) if it finds after notice and hearing that the substantial evidence of record shows that the plan:
(1) is consistent with the public interest;
(2) does not jeopardize the availability of reasonably affordable and reliable telecommunications services;
(3) provides clearly identifiable benefits to consumers that are not otherwise available under existing regulatory procedures;
(4) will reduce regulatory delay and costs;
(5) provides adequate safeguards to consumers of telecommunications services, including other telecommunications companies, when such services are not readily available from alternative suppliers in the relevant geographic market;
(6) includes effective safeguards to assure that rates for noncompetitive services do not subsidize the prices charged for competitive services. In determining whether a service is competitive, the commission shall consider, at a minimum, the availability, market share, and price of comparable service alternatives;
(7) assures that rates for noncompetitive services are just, reasonable, or not unduly discriminatory and provide a contribution to basic local telephone service; and
(8) does not jeopardize the ability of the telephone utility to provide quality, affordable telecommunications service.
(C) The commission may, on the motion of the Office of Regulatory Staff or any interested party, review any decision adopting an alternative method of regulation for a local exchange telephone utility. After notice and opportunity to be heard and upon a showing by substantial evidence, the commission may impose regulatory standards consistent with the provisions of this chapter.
HISTORY: 1994 Act No. 347, Section 1, eff April 20, 1994; 2006 Act No. 318, Section 46, eff May 24, 2006.

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.