South Dakota Codified Laws
Chapter 35 - Carrier And Utility Franchises And Regulation
Section 9-35-25 - Definitions.

9-35-25. Definitions.
Terms used in §§9-35-25 to 9-35-27, inclusive, mean:
(1)"Cable operator," any person who provides cable service over a cable system;
(2)"Cable service," the one-way transmission to subscribers of video programming or other programming service and the subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service;
(3)"Cable system," a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service to multiple subscribers within a community. The term does not include a facility that serves subscribers without using the public right-of-way; a facility of a telecommunications company that provides telecommunications service as defined and regulated by chapter 49-31, except to the extent that the facility is used to transmit video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
(4)"Franchise," an authorization, established by ordinance, issued by a franchising authority, which authorizes the construction and operation of a cable system;
(5)"Franchising authority," a municipality;
(6)"Other programming service," information that a cable operator makes available to all subscribers generally;
(7)"Public, educational, or governmental access facilities," channel capacity designated for public, educational, and governmental use and the facilities and equipment for the use of such channel capacity; and
(8)"Video programming," programming provided by, or generally considered comparable to programming provided by, a television broadcast station.

Source: SL 2005, ch 53, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 35 - Carrier And Utility Franchises And Regulation

Section 9-35-1 - Street lighting--Utility poles, pipes, and other facilities in public places--Rate regulation--Municipally owned utilities.

Section 9-35-2 - Street railway tracks in first or second class municipalities--Duration of franchise--Municipality's option to purchase.

Section 9-35-3 - Grant of franchise subject to approval by voters--Exception.

Section 9-35-4 - Adoption of franchise ordinance--Publication and notice of election.

Section 9-35-5 - Majority vote of voters required for franchise.

Section 9-35-6 - Maximum duration of franchise.

Section 9-35-7 - Extension of streets, alleys, sewers, and waterworks through railroad property--Restoration of railroad property.

Section 9-35-8 - Maintenance of railroad crossings and drainage works.

Section 9-35-9 - Maintenance by railroads of safety devices at crossings--Grade changes--Fencing of right-of-way.

Section 9-35-10 - Steam, heat, and refrigeration systems--Bond issues.

Section 9-35-11 - Buses and taxis--Intercity service.

Section 9-35-12 - Municipal bus or transit service authorized--Territory serviced.

Section 9-35-13 - Petition for bus or transit service.

Section 9-35-14 - Contents of petition for bus or transit service--Conduct of election.

Section 9-35-15 - Air pollution abatement in operation of municipal bus service.

Section 9-35-16 - "Community antenna television system" defined.

Section 9-35-17 - Need for local regulation of CATV systems.

Section 9-35-18 - Regulation of CATV systems by ordinance.

Section 9-35-19 - Service requirement for CATV systems--Performance bonds--Expiration dates.

Section 9-35-20 - Quality standards for CATV systems--Regulation of rents or rates and installation charges.

Section 9-35-21 - Map of underground equipment of CATV system.

Section 9-35-22 - Occupational tax against CATV system.

Section 9-35-23 - Prior ordinances for operation of CATV systems validated.

Section 9-35-24 - Construction, maintenance, and lease of CATV system by municipality.

Section 9-35-25 - Definitions.

Section 9-35-26 - Authority of franchising authority to require franchise of cable operator--Ordinance.

Section 9-35-27 - Grant of additional franchises to other cable operators--Terms.