South Dakota Codified Laws
Chapter 31 - Telecommunications Services
Section 49-31-115 - Promulgation of rules.

South Dakota Codified Laws

Title 49 - Public Utilities and Carriers

Chapter 31 - Telecommunications Services

Section 49-31-1 - Definitions.

Section 49-31-1.1 - "Noncompetitive service" defined.

Section 49-31-1.2 - "Emerging competitive service" defined.

Section 49-31-1.3 - "Fully competitive service" defined.

Section 49-31-1.4 - "Price regulation" defined--Determination of fair and reasonable price.

Section 49-31-1.5 - Unsolicited telephone call defined.

Section 49-31-1.6 - Established business relationship defined.

Section 49-31-2 - Applicability of statutes to telecommunications companies.

Section 49-31-3 - General supervision of telecommunications companies offering common carrier services by commission where not preempted--Filing application with commission--Demonstration of capabilities--Rules--Offering services without certificate...

Section 49-31-3.1 - Approval required for discontinuance of noncompetitive telecommunications service.

Section 49-31-3.2 - Waiver, modification, etc., of rules and orders for fully competitive or emerging competitive service--Application for classification--Factors in determining classification--Time for approval or denial.

Section 49-31-3.3 - Investigation of telecommunications services--Ninety-day period--Reclassification--Burden of proof--Reclassification after 90 days.

Section 49-31-3.4 - Reclassification proceeding--Factors in determining reclassification--Burden of proof--Stay of price change--Penalties and costs for spurious petition.

Section 49-31-4 - Determination and approval of rates and prices by commission--Attribution of revenues, investments and expenses--Rules.

Section 49-31-4.1 - Hearings on price regulation--Petition--Adoption of price regulation for noncompetitive service.

Section 49-31-4.2 - Uniform prices for intrastate interexchange telecommunications services--Volume discounts--Taxes.

Section 49-31-4.3 - Accounts of other businesses--Consideration by commission--Disallowance of unreasonable profits--Burden of proof.

Section 49-31-5 - Promulgation of rules for conduct of business.

Section 49-31-5.1 - Telecommunications cooperatives, municipal telephone systems and independent telephone companies--Election to be regulated by commission.

Section 49-31-5.2 - Independent telecommunications companies--Petition by subscribers for election to be regulated by commission.

Section 49-31-5.3 - Independent telecommunications companies--Procedure for election by subscribers to be regulated by commission.

Section 49-31-5.4 - Independent telecommunications companies--"Subscribers" defined.

Section 49-31-6 - Valuation of company property.

Section 49-31-7 - Improvement of business and equipment--Notice to company from commission.

Section 49-31-7.1 - Powers and duties of commission.

Section 49-31-7.2 - Liability for damages unaffected.

Section 49-31-7.3 - Court order to testify or produce records--Violation as contempt.

Section 49-31-7.4 - Obstruction of commission--Civil fine.

Section 49-31-10 - Delivery of messages to persons intended--Care required.

Section 49-31-11 - Discrimination prohibited--Civil fine.

Section 49-31-12 - Commission to make rate or price schedule--Different rates or prices for different companies or services--Revision of rates--Notice to companies.

Section 49-31-12.1 - Tariff as prima facie evidence of reasonableness--Commission certified as true copy.

Section 49-31-12.2 - Duties of regulated companies concerning publication and filing of rates or prices.

Section 49-31-12.3 - Failure to file tariffs and agreements--Mandamus.

Section 49-31-12.4 - Filing of new or changed tariff--Procedures for commission.

Section 49-31-12.5 - Filing of new schedule affecting emerging competitive service--Notice and hearing--Suspension or disapproval of price or practice.

Section 49-31-12.6 - Deposits into regulatory assessment fee fund.

Section 49-31-12.7 - Tariffs for telecommunications services other than emerging and noncompetitive services prohibited.

Section 49-31-12.8 - Availability of telecommunications services information--Notification of adverse change in rates, terms, or conditions.

Section 49-31-15 - Access to telecommunications facilities--Application to commission--Order requiring access--Apportionment of expenses.

Section 49-31-18 - Access provided to companies doing business in same vicinity--Discrimination prohibited.

Section 49-31-19 - Tariff of access charges--Approval by commission.

Section 49-31-20 - Merger, consolidation, or transfer of stock or other ownership interests--Notification.

Section 49-31-25 - Disclosure of contents, refusal to send or forging receipt of message as misdemeanor--Judicially ordered disclosure excepted.

Section 49-31-26 - Disclosure of message without written permission of sender or addressee as misdemeanor--Judicial disclosure excepted.

Section 49-31-28 - Party line and emergency calls--Definitions.

Section 49-31-29 - Intentional refusal to relinquish party line in emergency as misdemeanor.

Section 49-31-29.1 - "Communication device" and "emergency" defined.

Section 49-31-29.2 - Interference with emergency communication--Violation a misdemeanor.

Section 49-31-30 - Securing line by claiming nonexistent emergency as misdemeanor.

Section 49-31-31 - Contact by telephone or other device--Threatening, harassing, or misleading contacts--Penalty.

Section 49-31-31.1 - Electronic communication device defined.

Section 49-31-31.2 - Caller identification--Fictitious or misleading--Exceptions.

Section 49-31-32 - Obscene telephone calls--Failure to replace receiver--Prima facie evidence of unlawfulness.

Section 49-31-32.1 - Dial-a-porn communications prohibited--Violation as misdemeanor.

Section 49-31-32.2 - Liability of persons for illegal use of telephone or facility under their control--Violation as misdemeanor.

Section 49-31-32.3 - Each day of violation constitutes separate offense.

Section 49-31-33 - Place of commission of offense committed by telephone or other electronic communication device.

Section 49-31-35 - Severability and saving clause respecting unlawful telephone calls.

Section 49-31-36 - Manufacture, possession or transfer of instrument for fraudulently obtaining telecommunications service as misdemeanor.

Section 49-31-37 - Obtaining telecommunications service without payment as theft.

Section 49-31-38 - Violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation concerning telecommunication company regulation--Civil fine.

Section 49-31-38.1 - Intentional violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation of commission--Civil fine.

Section 49-31-38.2 - Additional penalty for violations--Forfeiture of franchise--Foreign corporations.

Section 49-31-38.3 - Action by attorney general to forfeit franchise or enjoin transaction of business.

Section 49-31-41 - Security on stay of order--Conditions.

Section 49-31-42 - Proceedings before circuit court on appeal--Priority.

Section 49-31-44 - Creation of telecommunications investigation fund--Purposes of fund--Deposit by telecommunications company.

Section 49-31-45 - Payment of investigation and hearing expenses--Procedure for payment--Accounting of company's deposit--Notice and order as to amount to be returned.

Section 49-31-46 - Payment for participation in federal proceedings.

Section 49-31-47 - Communication devices and services provided to persons with disabilities.

Section 49-31-48 - Telecommunication or communication device for individuals with disabilities--Dual party relay system.

Section 49-31-49 - Telecommunication or communication device remains property of state for three years.

Section 49-31-50 - Telecommunication funds for persons with hearing and other disabilities--Continuous appropriation.

Section 49-31-50.1 - Use of funds appropriated pursuant to § 49-31-50.

Section 49-31-50.2 - Rules relating to cochlear implants.

Section 49-31-50.3 - Approval of vouchers--Warrants.

Section 49-31-51 - Access fee imposed on local exchange service lines, cellular telephones and radio pager devices--Report of fee on monthly bills--Report on and remission of fees--Disposition of funds collected.

Section 49-31-51.1 - Promulgation of rules to administer access fee.

Section 49-31-52 - Liability for uncollected fees.

Section 49-31-53 - Annual review of access fee--Report to legislature.

Section 49-31-54 - Administrative cost for collection of fee.

Section 49-31-55 - Sources of funds in addition to access fees.

Section 49-31-56 - Method of payment of expenditures.

Section 49-31-56.1 - Promulgation of rules regarding telecommunications and communication services program.

Section 49-31-57 - Penalty for pleading filed for improper purpose--Sanction by commission.

Section 49-31-58 - Alternative methods of assigning costs for certain services.

Section 49-31-59 - Procedures for approving sale of telecommunications exchanges.

Section 49-31-59.1 - Legislative intent--Joint provisioning and revenue-pooling arrangements--Commission review and approval--Exemptions--Construction.

Section 49-31-60 - Telecommunications infrastructure--Legislative intent.

Section 49-31-61 - Public Communications Network Infrastructure--Composition.

Section 49-31-69 - Certificate of authority for construction of telecommunications facility--Extension outside local exchange service area application--Amended certificate.

Section 49-31-70 - Application for certificate of authority--Notice.

Section 49-31-71 - Certificate of authority--Notice and hearing.

Section 49-31-72 - Certificate of authority--Time limit for decision.

Section 49-31-73 - Rural service areas--Services--Waiver.

Section 49-31-74 - Certificate of authority--Retroactive application--Alterations or additions.

Section 49-31-75 - Certificate of authority--Commission approval--Violations.

Section 49-31-76 - Commission to adopt rules addressing competitive provisions.

Section 49-31-77 - Commission may promulgate rules establishing service quality standards.

Section 49-31-78 - Commission shall designate eligible telecommunications carrier for service area--Right to relinquish designation.

Section 49-31-79 - Requirements of rural telephone company.

Section 49-31-80 - Suspension or modification to carrier with small service area.

Section 49-31-81 - Carrier to provide services to competitive telecommunications services provider.

Section 49-31-82 - Certain resale restrictions permitted.

Section 49-31-83 - Telecommunications companies may form associations--Policy restrictions.

Section 49-31-84 - Telecommunication companies may grant incentives to meet competition.

Section 49-31-85 - Commission to establish quality of service standards.

Section 49-31-86 - Restrictions on price changes for local exchange service--Exemption for promotions.

Section 49-31-86.1 - Limitation on promotions.

Section 49-31-86.2 - Exemption of § 49-31-86 to take effect December 31, 2000 for certain carriers.

Section 49-31-87 - Dialing parity to be implemented.

Section 49-31-88 - Companies not exempt from state or federal law.

Section 49-31-89 - Telecommunications company, services or product not to be changed without subscriber authorization--Evidence of authorization--Commission authorized to promulgate rules--Scope of rules.

Section 49-31-90 - Third-party verification--Requirements.

Section 49-31-91 - Criteria to be met by third-party verification company.

Section 49-31-92 - Separate authorization required for each service.

Section 49-31-93 - Subscriber not liable for unauthorized change of carrier, products or services--Company to compensate subscriber.

Section 49-31-94 - Penalties for violation--Disposition of fines collected.

Section 49-31-95 - Commission authorized to investigate complaints.

Section 49-31-96 - Costs of commission proceedings may be assessed against company--Objection.

Section 49-31-97 - "Subscriber" defined.

Section 49-31-98 - Agencies to establish cost recovery mechanism for certain mandated services--Exemption.

Section 49-31-99 - Requirements for telephone solicitors making unsolicited calls.

Section 49-31-100 - Operation of and subscription to register--Fees.

Section 49-31-101 - State "do-not-call" register.

Section 49-31-102 - Copy of register required for telephone solicitors making unsolicited calls.

Section 49-31-103 - Commission may use national "do-not-call" registry.

Section 49-31-104 - Telephone solicitation account established.

Section 49-31-105 - Annual fee for unsolicited calls by telephone solicitors.

Section 49-31-106 - Commission may use gross receipts tax fund for implementation--Funds to be returned after register implemented.

Section 49-31-107 - Telecommunications companies to notify customers of certain provisions.

Section 49-31-108 - Telephone solicitation--Violations--Civil penalty.

Section 49-31-109 - Definitions.

Section 49-31-110 - Local telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges.

Section 49-31-111 - Nonlocal telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges.

Section 49-31-112 - Transiting carrier required to deliver signaling information with telecommunications traffic--Liability for failure to deliver.

Section 49-31-113 - Transit traffic or billing records to be provided by transiting carrier.

Section 49-31-114 - Complaint procedure--Provisional remedies.

Section 49-31-115 - Promulgation of rules.

Section 49-31-116 - Required notice to subscribers of automatic renewal dates in certain telecommunications contracts.

Section 49-31-117 - Commission disbursement of certain bond or other proceeds to affected customers--Interest.

Section 49-31-118 - Wireless telephone number information in wireless directory assistance service database--Authorization for inclusion or sale.

Section 49-31-119 - Charge for exclusion of number from wireless directory assistance service database prohibited.

Section 49-31-120 - Definitions.

Section 49-31-121 - Obtaining confidential communications records without authorization from customer as misdemeanor.

Section 49-31-122 - Selling confidential communications records without authorization from customer as felony.

Section 49-31-123 - Law enforcement permitted to obtain confidential communications records pursuant to subpoena or court order.

Section 49-31-124 - Communications provider permitted to obtain confidential communications records through agents.

Section 49-31-125 - Communications provider permitted to obtain confidential communications records in connection with sale of business or migration of customer.

Section 49-31-126 - Civil action for violation--Double damages, costs, and attorney's fees.