reglab/housing_qa huggingface dataset:
SD Codified L § 49-31-76 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-76 - Commission to adopt rules addressing competitive provisions.

49-31-76. Commission to adopt rules addressing competitive provisions.Within ninety days after July 1, 1998, the commission shall initiate rule-making proceedings pursuant to chapter 1-26 to adopt rules addressing the competitive provisioning of local exchange service which, consistent with 47 U.S.C. §253(b) as of January 1, 1998, shall be directed toward preserving and advancing universal service, protecting the public safety and welfare, ensuring the continued quality of service, and safeguarding the rights of affected consumers. The preservation and advancement of universal service shall be a primary concern. The commission shall adopt and implement the rules no later than one hundred eighty days after July 1, 1998. Source: SL 1998, ch 274, §14.
SD Codified L § 49-31-77 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-77 - Commission may promulgate rules establishing service quality standards.

49-31-77. Commission may promulgate rules establishing service quality standards.The commission may promulgate rules pursuant to chapter 1-26 to establish service quality standards for local exchange services. Source: SL 1998, ch 274, §15.
SD Codified L § 49-31-78 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-78 - Commission shall designate eligible telecommunications carrier for service area--Right to relinquish designation.

49-31-78. Commission shall designate eligible telecommunications carrier for service area--Right to relinquish designation.The commission shall designate a common carrier as an eligible telecommunications carrier for a service area designated by the commission consistent with 47 U.S.C. §214(e) as of January 1, 1998. The commission may permit an eligible telecommunications carrier to relinquish its designation as such a carrier in any area served by more than one eligible telecommunications carrier consistent with 47 U.S.C. §214(e)(4) as of January 1, 1998. The commission may designate a common carrier or carriers to provide service to unserved areas that request such service consistent with 47 U.S.C. §214(e)(3) as of January 1, 1998. The commission may not in an area served by a rural telephone company designate more than one eligible telecommunications carrier absent a finding that the additional designation would be in the public interest. Source: SL 1998, ch 274, §16.
SD Codified L § 49-31-79 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-79 - Requirements of rural telephone company.

49-31-79. Requirements of rural telephone company. Pursuant to 47 U.S. C. §251(f)(1) as of January 1, 1998, the obligations of an incumbent local exchange carrier, which include the duty to negotiate and provide interconnection, unbundled network elements, resale, notice of changes and collocation, do not apply to a rural telephone company unless the company has received a bona fide request for interconnection, services, or network elements and the commission determines that the rural telephone company shall fulfill the request. The commission may only determine that the rural telephone company shall fulfill the request if, after notice and hearing pursuant to chapter 1-26, the commission finds that the request is not unduly economically burdensome, the request is technically feasible, and the request is consistent with the universal service principles and provisions set forth in 47 U.S.C. §254 as of January 1, 1998. The commission shall make the determination within one hundred twenty days after receiving notice of the request. The person or entity making the request has the burden of proof as to whether each of the standards for reviewing the request has been met. Nothing in this section prevents a rural telephone company from voluntarily agreeing to provide any of the services, facilities, or access referenced by this section. Source: SL 1998, ch 274, §17; SL 1998, ch 274, §17; SL 1998, ch 275, §3; SL 2021, ch 200, § 8.
SD Codified L § 49-31-80 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-80 - Suspension or modification to carrier with small service area.

49-31-80.Suspension or modification to carrier with small service area.Consistent with 47 U.S.C. §251(f)(2) as of January 1, 1998, the commission may grant a suspension or modification of any of the interconnection or other requirements set forth in 47 U.S. C. §§251(b) and 251(c), as of January 1, 1998, to any local exchange carrier which serves fewer than two percent of the nation's subscriber lines installed in the aggregate nationwide. Any such carrier shall petition the commission for the suspension or modification. The commission shall grant the petition to the extent that, and for such duration as, the commission determines that the requested suspension or modification is consistent with the public interest, convenience, and necessity and is necessary:(1)To avoid a significant adverse economic impact on users of telecommunications services generally;(2)To avoid imposing a requirement that is unduly economically burdensome; or(3)To avoid imposing a requirement that is technically infeasible.The commission may suspend enforcement of the requirement or requirements identified in the petition pending final action on the requested suspension or modification. Source: SL 1998, ch 274, §18.
SD Codified L § 49-31-81 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-81 - Carrier to provide services to competitive telecommunications services provider.

49-31-81. Carrier to provide services to competitive telecommunications services provider.The commission may implement and comply with the provisions of the federal Telecommunications Act of 1996, including the promulgation of rules pursuant to chapter 1-26. Except to the extent a local exchange carrier is exempt from or has received a suspension or modification pursuant to 47 U.S.C. §251(f)(1) or 251(f)(2), as of January 1, 1998, and the provisions of this chapter, the carrier shall provide interconnection, network elements, and other telecommunications services to any provider of competitive telecommunications services that requests such interconnection and services to the extent required by 47 U.S.C. §§251(a) to 251(c), inclusive, as of January 1, 1998. If the parties are unable to voluntarily negotiate an agreement for the interconnection or services requested, either party may petition the commission to mediate or arbitrate any unresolved issues as provided in 47 U.S.C. §252. The provisioning of interconnection, network elements, and other telecommunications services to the extent required by 47 USC §§251(a) to 251(c), inclusive, by a local exchange carrier pursuant to this section is not subject to §§49-31-1.1 to 49-31-1.4, inclusive, 49-31-3.1 to 49-31-4, inclusive, 49-31-12.2, 49-31-12.4, 49-31-12.5, and 49-31-18 and 49-31-19, inclusive. Source: SL 1998, ch 274, §23.
SD Codified L § 49-31-82 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-82 - Certain resale restrictions permitted.

49-31-82.Certain resale restrictions permitted.It is recognized that certain resale restrictions may be necessary to prevent unfair competition, preserve universal service and otherwise protect the public interest. The commission may permit reasonable and nondiscriminatory resale restrictions proposed by local exchange carriers that are consistent with 47 U.S.C. §251(c)(4) and that do not constitute a barrier to entry under 47 U.S. C. §253(a). The commission may adopt rules pursuant to chapter 1-26 to implement this section. Source: SL 1998, ch 274, §24.
SD Codified L § 49-31-83 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-83 - Telecommunications companies may form associations--Policy restrictions.

49-31-83. Telecommunications companies may form associations--Policy restrictions.The commission may not prohibit telecommunications companies from voluntarily forming an association to assist in the administration and filing of schedules or tariffs and to engage in the pooling of access costs and revenues in a manner which is consistent with preserving and advancing universal service throughout this state or consistent with the Public Communications Network Infrastructure policies set forth in §§49-31-60 and 49-31-61. Source: SL 1998, ch 274, §25.
SD Codified L § 49-31-84 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-84 - Telecommunication companies may grant incentives to meet competition.

49-31-84. Telecommunication companies may grant incentives to meet competition.It is in the public interest and essential that local exchange telecommunication companies over all of South Dakota continue to be viable providers of affordable local exchange services. Local exchange telecommunication companies receive substantial revenue necessary to support the exchange from a minority of their customers. Local exchange telecommunication companies must be allowed to compete to keep their profitable customers in order to maintain the viability of local exchanges. However, customers in rural and high-cost areas shall have access to telecommunications and information services, including interexchange services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas.Notwithstanding any other provisions of chapter 49-31, any telecommunication company may grant any discounts, incentives, services, or other business practices necessary to meet competition. Nothing in chapter 49-31 restricts or prevents telecommunication companies from offering reduced prices and special terms and conditions for this state, its existing instrumentalities and subdivisions, for the United States and for K through 12 schools accredited by the secretary of the Department of Education. Source: SL 1998, ch 274, §28; SL 2003, ch 272 (Ex. Ord. 03-1), §63.
SD Codified L § 49-31-85 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-85 - Commission to establish quality of service standards.

49-31-85. Commission to establish quality of service standards.Any regulation of telecommunications service by the commission pursuant to chapters 49-13 and 49-31 shall be fair, reasonable, nondiscriminatory and applicable to all telecommunications carriers providing service in the state. The commission shall establish, by rules promulgated pursuant to chapter 1-26, quality of service standards. Source: SL 1998, ch 274, §29.
SD Codified L § 49-31-86 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-86 - Restrictions on price changes for local exchange service--Exemption for promotions.

49-31-86. Restrictions on price changes for local exchange service--Exemption for promotions.Prices for residential and business local exchange service, both recurring and nonrecurring, for a telecommunications company with more than two hundred thousand retail access lines in the state may not be changed unless reduced by the company. If the telecommunications company reduces its prices for residential or business local exchange service pursuant to §§49-31-1 to 49-31-88, inclusive, it may not subsequently increase such prices. However, this restriction does not apply to promotions that last ninety days or less. The telecommunications company shall publicly announce the beginning and ending date of the promotion period. The provisions of §49-31-4 and §§49-31-12 to 49-31-12.5, inclusive, do not apply to prices for services regulated by this section. Source: SL 1998, ch 274, §30; SL 1999, ch 226, §1.
SD Codified L § 49-31-86.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-86.1 - Limitation on promotions.

49-31-86.1. Limitation on promotions.No telecommunications company may offer any promotion exempt from the provisions of §49-31-86 more than twice in any calendar year. No telecommunications company may run any such promotions consecutively. No benefit from a promotion may be extended to any customer beyond the promotion period. Source: SL 1999, ch 226, §2.
SD Codified L § 49-31-86.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-86.2 - Exemption of § 49-31-86 to take effect December 31, 2000 for certain carriers.

49-31-86.2. Exemption of §49-31-86 to take effect December 31, 2000 for certain carriers.The exemption for promotions provided by §49-31-86 is not effective until December 31, 2000, in the local exchange area of any facilities-based competitive local exchange carrier certified by the commission that provides broadband network services throughout its local exchange area. However, the exemption for promotions provided by §49-31-86 is not effective until July 1, 2001, in the local exchange area of any facilities-based local exchange carrier certified by the commission after July 31, 1998, that provides broadband network services throughout its local exchange area. Source: SL 1999, ch 226, §3; SL 2000, ch 223, §1.
SD Codified L § 49-31-87 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-87 - Dialing parity to be implemented.

49-31-87.Dialing parity to be implemented.Dialing parity, as defined in 47 U.S. C. §153(15) as of January 1, 1998, for purposes of intraLATA long distance telecommunications services, shall be implemented by any local exchange carrier serving more than two hundred thousand retail access lines by order of the commission on January 1, 2000. Source: SL 1998, ch 274, §31; SL 1999, ch 225, §2.
SD Codified L § 49-31-88 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-88 - Companies not exempt from state or federal law.

49-31-88. Companies not exempt from state or federal law.Nothing in §§49-31-84 to 49-31-87, exempts any telecommunications company from any state or federal antitrust laws. Source: SL 1998, ch 274, §32.
SD Codified L § 49-31-89 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|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.

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.The telecommunications company of any subscriber may not be changed without the telecommunications service subscriber's authorization. The telecommunications service subscriber's authorization shall be evidenced either by a written authorization signed by the subscriber or by the use of an independent third-party verification company which complies with the provisions of §§49-31-90 and 49-31-91, or by any other means authorized by the commission. Products or services may not be listed on a subscriber's bill unless authorized by the subscriber. The commission may promulgate rules pursuant to chapter 1-26 concerning procedures, requirements, and standards for changing a subscriber's telecommunications company and for listing products and services on a subscriber's bill. Source: SL 1999, ch 227, §1.
SD Codified L § 49-31-90 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-90 - Third-party verification--Requirements.

49-31-90. Third-party verification--Requirements.If an independent third-party verification company obtains a subscriber's oral confirmation regarding a change of a designated telecommunications company for interexchange or local exchange telecommunications service, the third-party verification shall include:(1)A statement that the purpose of the call is to verify the subscriber's intent to change to the newly requested telecommunications company. The newly requested interexchange or local telecommunications company shall be clearly identified to the subscriber. Reference to use of another telecommunications company's network or facilities, if stated, shall be secondary in nature to the prominent identification of the telecommunications company which will be providing service and setting the rates for the subscriber's service;(2)Confirmation that the person whose authorization for a telecommunications company change is being verified is the subscriber on the account or a person authorized by the subscriber to make decisions regarding the telecommunications account on behalf of the subscriber, whether that subscriber is an individual person or a business;(3)Verification data unique to the subscriber such as the subscriber's date of birth; and(4)The name and toll-free telephone number of the newly requested telecommunications company.The third-party verification company shall electronically record the telephone call that confirms the subscriber's change of a designated telecommunications company. The electronic recording shall include the complete statement of the service being changed and the subscriber's complete response. The electronic recording shall be retained by the third-party verification company for two years. Source: SL 1999, ch 227, §2.
SD Codified L § 49-31-91 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-91 - Criteria to be met by third-party verification company.

49-31-91. Criteria to be met by third-party verification company.The third-party verification company shall meet each of the following criteria:(1)Be independent of the telecommunications company that seeks to provide the subscriber's new service;(2)Not be managed, controlled, or directed or owned wholly or in part, by the telecommunications company that seeks to provide the subscriber's new service;(3)Operate from facilities physically separate from those of the telecommunications company that seeks to provide the subscriber's new service; and(4)Not derive commissions or compensation based upon the number of sales confirmed. Source: SL 1999, ch 227, §3.
SD Codified L § 49-31-92 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-92 - Separate authorization required for each service.

49-31-92. Separate authorization required for each service.A telecommunications company selling more than one type of telecommunications service must obtain separate authorization to change a telecommunications company from the subscriber for each service sold, although the authorizations may be made within the same solicitation. At a minimum, separate authorizations must be obtained for local exchange service, intraLATA toll service, and interLATA toll service. Each authorization must be verified separately from any other authorizations obtained in the same solicitation. Source: SL 1999, ch 227, §4.
SD Codified L § 49-31-93 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-93 - Subscriber not liable for unauthorized change of carrier, products or services--Company to compensate subscriber.

49-31-93. Subscriber not liable for unauthorized change of carrier, products or services--Company to compensate subscriber.A subscriber is not liable for any charges imposed by a telecommunications company that initiates a telecommunications carrier change without authorization from the subscriber or for the billing of unauthorized products or services. In addition, the telecommunications company that initiates the unauthorized change or the billing of unauthorized products or services shall pay to the subscriber one thousand dollars. Source: SL 1999, ch 227, §5.
SD Codified L § 49-31-94 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-94 - Penalties for violation--Disposition of fines collected.

49-31-94. Penalties for violation--Disposition of fines collected.Any person who violates §§49-31-89 to 49-31-97, inclusive, or any rules promulgated pursuant to §§49-31-89 to 49-31-97, inclusive, is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The commission may impose a civil fine of not more than twenty thousand dollars for each offense. In determining the amount of the penalty upon finding a violation, or the amount of the compromise settlement, the commission shall consider the appropriateness of the penalty to the size of the business of the person charged, prior offenses and compliance history, the good faith of the person charged in attempting to achieve compliance, and such other matters as justice may require. All penalties collected pursuant to this section shall be deposited in the state treasury. In addition to assessing a civil penalty for a violation of §§49-31-89 to 49-31-97, inclusive, the commission may revoke or suspend a telecommunications company's certificate of authority for repeated offenses. Source: SL 1999, ch 227, §6.
SD Codified L § 49-31-95 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-95 - Commission authorized to investigate complaints.

49-31-95. Commission authorized to investigate complaints.If the commission receives more than two complaints within thirty days regarding violations of §49-31-89, the commission may require the telecommunications company responsible for the violations to provide the commission with a complete list of its current subscribers, including the subscribers' billing addresses. The list may be filed as confidential consistent with the commission's rules. The commission may contact each subscriber to determine whether any subscriber has been subject to an unauthorized change in a telecommunications company or billed for unauthorized products or services. If the commission finds, after notice and opportunity for hearing, that a telecommunications company has committed two separate violations of §49-31-89 within one year, the commission may assess the costs of contacting subscribers to the telecommunications company. Source: SL 1999, ch 227, §7.