South Dakota Codified Laws
Chapter 31 - Telecommunications Services
Section 49-31-4 - Determination and approval of rates and prices by commission--Attribution of revenues, investments and expenses--Rules.

49-31-4. Determination and approval of rates and prices by commission--Attribution of revenues, investments and expenses--Rules.
Any charge established for the provision of telecommunications services shall be fair and reasonable. The commission shall determine and approve individual rates to be charged by any telecommunications company for a noncompetitive service pursuant to §49-31-1.4, if applicable, and pursuant to §§49-31-12, 49-31-12.2 and 49-31-12.4. Except as provided in §49-31-4.1, the commission shall utilize rate of return regulation when determining the charge for a noncompetitive service.
The commission shall determine and approve individual prices to be charged by a telecommunications company for any emerging competitive service pursuant to §§49-31-1.4, 49-31-12, 49-31-12.2 and 49-31-12.5. However, there is no rate of return regulation of emerging competitive services and no rate of return or price regulation of fully competitive services.
The commission shall separate, assign and distribute a telecommunications company's revenues, investments, and expenses among all services offered. The commission shall, by rules promulgated pursuant to chapter 1-26, prescribe the methodologies by which a telecommunications company shall segregate its revenues, investments and expenses. The methodologies prescribed by the rules shall be in accord with federal and state law. No telecommunications company may use the revenues from emerging competitive services to subsidize fully competitive services or revenues from noncompetitive services to subsidize emerging competitive services or fully competitive services. Expenses and investment of fully competitive services may not be attributed to emerging competitive services or noncompetitive services and the expenses and investment of emerging competitive services may not be attributed to noncompetitive services.
Rates being charged by a telecommunications company on July 1, 1988, shall be deemed to be the fair, reasonable, and effective rates until changed or altered pursuant to this chapter.

Source: SDC 1939, §52.1302; SL 1987, ch 345, §44; SL 1988, ch 375, §11; SL 1992, ch 328, §7.

<< Previous
Next >>

Structure South Dakota Codified Laws

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.