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 of authority as misdemeanor.
The commission has general supervision and control of all telecommunications companies offering common carrier services within the state to the extent such business is not otherwise regulated by federal law or regulation. The commission shall inquire into any complaints, unjust discrimination, neglect, or violation of the laws of the state governing such companies. The commission may exercise powers necessary to properly supervise and control such companies.
Each telecommunications company that plans to offer or provide interexchange telecommunications service shall file an application for a certificate of authority with the commission pursuant to this section. Telecommunications companies seeking to provide any local exchange service shall submit an application for certification by the commission pursuant to §§49-31-1 through 49-31-89. The commission shall have the exclusive authority to grant a certificate of authority. Each telecommunications company shall submit a two hundred fifty dollar application fee with its application which shall be deposited into the gross receipts tax fund established pursuant to §49-1A-2. Unless an evidentiary hearing is required by the commission, the commission shall act on an application for a certificate of authority to provide interexchange telecommunications service within sixty days of receiving a complete application. If an evidentiary hearing is required, the commission shall act on the application within one hundred twenty days of receipt of a complete application. A telecommunications company has the burden to prove in its application that it has sufficient technical, financial and managerial capabilities to offer the telecommunications services described in its application before the commission may grant a certificate of authority. The commission may rule upon a telecommunications company's application for a certificate of authority with or without hearing.
Any certificate of authority granted by the commission may be suspended or revoked pursuant to chapter 1-26 for a willful violation of the laws of this state, a willful failure to comply with a rule or order of the commission, or other good cause. The commission shall, by rules promulgated pursuant to chapter 1-26, prescribe the necessary procedures to implement this section. A telecommunications company that had lawful authority immediately prior to July1, 1998, to provide interexchange telecommunications services shall continue to have such authority. Any certificate of authority to provide such telecommunications service may not be sold, assigned, leased, or transferred without commission approval. The offering of such telecommunications services by a telecommunications company without a certificate of authority or inconsistent with this section is a Class 1 misdemeanor.
Source: SDC 1939, §§52.0202, 52.1302; SDCL, §49-3-4; SL 1979, ch 307, §20; SL 1987, ch 345, §43; SL 1988, ch 375, §7; SL 1992, ch 328, §3; SL 1994, ch 352, §9; SL 1998, ch 274, §5; SL 1998, ch 275, §1; SL 2005, ch 244, §1.
Structure 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 49-31-5 - Promulgation of rules for conduct of business.
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 49-31-12.3 - Failure to file tariffs and agreements--Mandamus.
Section 49-31-12.4 - Filing of new or changed tariff--Procedures for commission.
Section 49-31-12.6 - Deposits into regulatory assessment fee fund.
Section 49-31-19 - Tariff of access charges--Approval by commission.
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 49-31-31.1 - Electronic communication device defined.
Section 49-31-31.2 - Caller identification--Fictitious or misleading--Exceptions.
Section 49-31-32.1 - Dial-a-porn communications prohibited--Violation as misdemeanor.
Section 49-31-32.3 - Each day of violation constitutes separate offense.
Section 49-31-35 - Severability and saving clause respecting unlawful telephone calls.
Section 49-31-37 - Obtaining telecommunications service without payment as theft.
Section 49-31-41 - Security on stay of order--Conditions.
Section 49-31-42 - Proceedings before circuit court on appeal--Priority.
Section 49-31-46 - Payment for participation in federal proceedings.
Section 49-31-47 - Communication devices and services provided to persons with disabilities.
Section 49-31-50.1 - 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 49-31-51.1 - 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 49-31-57 - 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 49-31-60 - Telecommunications infrastructure--Legislative intent.
Section 49-31-61 - Public Communications Network Infrastructure--Composition.
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 49-31-79 - 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 49-31-86.1 - 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 49-31-90 - 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 49-31-94 - 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 49-31-99 - 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 49-31-107 - Telecommunications companies to notify customers of certain provisions.
Section 49-31-108 - Telephone solicitation--Violations--Civil penalty.
Section 49-31-109 - Definitions.
Section 49-31-113 - 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 49-31-120 - Definitions.
Section 49-31-126 - Civil action for violation--Double damages, costs, and attorney's fees.