reglab/housing_qa huggingface dataset:
SD Codified L § 49-31-3.4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-3.4 - Reclassification proceeding--Factors in determining reclassification--Burden of proof--Stay of price change--Penalties and costs for spurious petition.

49-31-3.4. Reclassification proceeding--Factors in determining reclassification--Burden of proof--Stay of price change--Penalties and costs for spurious petition.The commission, on its own motion or upon petition, shall commence regulation or reclassify a telecommunications service previously classified by the Legislature or the commission as a fully competitive service or an emerging competitive service if, after hearing or investigation, the commission finds:(1)That the market for that emerging competitive service does not satisfy the criteria of §49-31-3.2 and does not have alternative telecommunications services available to over twenty percent of the telecommunications company's customers for that service; or(2)That the market for that fully competitive service does not satisfy the criteria of §49-31-3.2 and does not have alternative telecommunications services available to over fifty percent of the telecommunications company's customers for that service.In any proceeding to reclassify a telecommunications service, the person initiating the petition has the burden of proving that the existing classification is inappropriate, except the telecommunications company providing the service has the burden of proving that the classification is appropriate if the proceeding is commenced by the commission on its own motion. Upon the filing of a petition under this section and upon application, the commission may enter an order staying a price change, for not more than thirty days, for the disputed service pending a hearing on the merits of the petition, for reasonable cause shown. If a petition under this section is found to be spurious or vexatious, the commission may assess reasonable penalties and costs against the petitioning party, which may include reasonable attorney fees. However, the penalties and costs may not be assessed against the commission. Source: SL 1988, ch 375, §10; SL 1992, ch 328, §6.
SD Codified L § 49-31-4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|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.
SD Codified L § 49-31-4.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-4.1 - Hearings on price regulation--Petition--Adoption of price regulation for noncompetitive service.

49-31-4.1. Hearings on price regulation--Petition--Adoption of price regulation for noncompetitive service.The commission shall, on its own motion or upon petition, hold public hearings investigating methods of price regulation consistent with §49-31-1.4 and chapter 1-26. Within thirty days of its receipt of a petition filed pursuant to this section, the commission shall issue a procedural schedule setting forth dates by which written direct testimony or data shall be filed and ordering the date for commencement of a hearing.If the investigation indicates that pricing regulation is appropriate for any noncompetitive service because such regulation has a positive impact on universal service and is more reasonable and fair than rate of return regulation, the commission may adopt pricing regulation for any such noncompetitive service. Source: SL 1988, ch 375, §12; SL 1992, ch 328, §8.
SD Codified L § 49-31-4.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-4.2 - Uniform prices for intrastate interexchange telecommunications services--Volume discounts--Taxes.

49-31-4.2. Uniform prices for intrastate interexchange telecommunications services--Volume discounts--Taxes.A telecommunications company providing intrastate interexchange telecommunications services shall charge uniform prices on all routes where it offers the services. However, notwithstanding this section and §49-31-11, a telecommunications company may offer or provide volume discounts and may pass through any state, municipal or local taxes in the specific geographic areas from which the taxes originate. Source: SL 1988, ch 375, §13; SL 1992, ch 328, §9.
SD Codified L § 49-31-4.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-4.3 - Accounts of other businesses--Consideration by commission--Disallowance of unreasonable profits--Burden of proof.

49-31-4.3. Accounts of other businesses--Consideration by commission--Disallowance of unreasonable profits--Burden of proof.Each telecommunications company engaged directly or indirectly in any business other than that of providing telecommunications service shall keep and, if requested by the commission, render separately to the commission, in like manner and form the relevant accounts of all such other businesses. The provisions of this chapter apply to the books, accounts, papers and records of relevant transactions with such other businesses. All profits and losses of such other business may be considered by the commission as are relevant to the general fiscal condition of the telecommunications company. The commission, in determining the allowance for materials or services to be included in costs of operations for rate of return or price regulation for noncompetitive services, may disallow any unreasonable profit made in the sale of materials to or service supplied for any telecommunications company by any firm or corporation owned or controlled directly or indirectly by such company or any affiliate, subsidiary, parent company, associate or any corporation whose controlling stockholders are also controlling stockholders of such telecommunications company. The burden of proof shall be on the telecommunications company to prove that no unreasonable profit is involved. Source: SL 1988, ch 375, §14.
SD Codified L § 49-31-5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-5 - Promulgation of rules for conduct of business.

49-31-5. Promulgation of rules for conduct of business.The commission may regulate the business of providing telecommunication service and may promulgate rules pursuant to chapter 1-26 concerning:(1)Requirements for telecommunications companies to maintain and make available to the public and the commission records and utility tariffs;(2)Requirements for telecommunications companies to provide information to customers regarding credit, deposits, services, refunds and billing rights;(3)Requirements that telecommunications companies must follow regarding procedures for billing customers;(4)Procedures and requirements for handling billing disputes, service interruptions, payment plans and refunds;(5)Standards and procedures for telecommunications companies to follow to ensure nondiscriminatory credit policies;(6)Procedures, requirements and record-keeping guidelines regarding deposit policies;(7)Procedures, requirements and record-keeping guidelines regarding customer refunds;(8)Policies for telecommunications companies to follow regarding refusal of telephone service to the public;(9)Policies for telecommunications companies to follow regarding disconnection of customer service;(10)Registration procedures, service requirements, billing practices and maximum service charges for alternative operator services in South Dakota;(11)Procedures and requirements for classification and reclassification proceedings;(12)Standards, procedures and requirements regarding the telecommunications utility investigation fund;(13)Application and notice procedures for the construction of telecommunications facilities; and(14)Requirements for filing and noticing tariff changes. Source: SDC 1939, §52.0260; SL 1986, ch 22, §22; SL 1987, ch 345, §45; SL 1990, ch 371, §2; SL 1992, ch 328, §10.
SD Codified L § 49-31-5.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-5.1 - Telecommunications cooperatives, municipal telephone systems and independent telephone companies--Election to be regulated by commission.

49-31-5.1. Telecommunications cooperatives, municipal telephone systems and independent telephone companies--Election to be regulated by commission.Telecommunications cooperatives organized pursuant to chapters 47-15 to 47-20, inclusive, municipal telephone systems operated pursuant to chapter 9-41, and independent telephone companies serving less than fifty thousand local exchange subscribers are not subject to chapter 49-11, §§49-31-1.1 to 49-31-1.4, inclusive, 49-31-3.1 to 49-31-4.1, inclusive, 49-31-4.3, 49-31-5, and 49-31-6, 49-31-12 to 49-31-12.5, inclusive, and 49-31-44 to 49-31-46, inclusive.However, any cooperative, municipality, or independent telecommunications company may elect to have its rates regulated by the commission and be subject to commission regulation for its emerging and noncompetitive telecommunications services. The election to be regulated shall be made by filing with the commission a certified copy of the resolution of the board of directors or the municipal governing body. Commission regulation shall become effective thirty days after receipt of the resolution by the commission. Source: SL 1979, ch 314; SL 1980, ch 70, §2; SL 1982, ch 329, §2; SL 1987, ch 345, §46; SL 1988, ch 375, §27; SL 1992, ch 328, §11; SL 1998, ch 274, §19.
SD Codified L § 49-31-5.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-5.2 - Independent telecommunications companies--Petition by subscribers for election to be regulated by commission.

49-31-5.2. Independent telecommunications companies--Petition by subscribers for election to be regulated by commission.An independent telecommunications company may be brought under commission regulation if no fewer than five percent of the subscribers, or twenty-five subscribers, whichever is the greater, petition the commission to hold an election of all subscribers of the company to return the company to commission regulation. Source: SL 1982, ch 329, §3; SL 1992, ch 328, §12.
SD Codified L § 49-31-5.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-5.3 - Independent telecommunications companies--Procedure for election by subscribers to be regulated by commission.

49-31-5.3. Independent telecommunications companies--Procedure for election by subscribers to be regulated by commission.The ballot to be used in the election shall be approved by the independent telecommunications company and the commission. The commission shall mail ballots, at company cost, to the company's subscribers who shall return the ballots to the commission. The commission shall keep the ballots sealed until the date agreed upon by the commission and board of directors. On the date set, a commission representative and a representative of the company shall count the ballots. If a majority of the company's subscribers elect to become subject to regulation by the commission, the election shall be effective thirty days after the date the ballots are counted. Source: SL 1982, ch 329, §4; SL 1992, ch 328, §13.
SD Codified L § 49-31-5.4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-5.4 - Independent telecommunications companies--"Subscribers" defined.

49-31-5.4. Independent telecommunications companies--"Subscribers" defined.The term "subscribers" as used in §§49-31-5.2 and 49-31-5.3 means either the person in whose name the telecommunications service is registered or the spouse of the person unless the independent telecommunications company has been notified in writing to the contrary. Source: SL 1982, ch 329, §5; SL 1992, ch 328, §14.
SD Codified L § 49-31-6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-6 - Valuation of company property.

49-31-6. Valuation of company property.The commission may make a physical valuation of all the property of any telecommunications company, to be taken when such valuation is necessary for the purpose of arriving at any determination in connection with the regulation of its business or the adjustment of its rates. Source: SDC 1939, §52.0269; SL 1987, ch 345, §47.
SD Codified L § 49-31-7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-7 - Improvement of business and equipment--Notice to company from commission.

49-31-7. Improvement of business and equipment--Notice to company from commission.In addition to the regulatory powers and duties provided by chapters 49-1 to 49-13, inclusive, and this chapter, the commission may conduct any investigations that are necessary to protect the public interest. The commission may order such changes or improvements in telecommunications facilities, exchanges or networks as necessary for the improvement of telecommunications service and the convenience of the public. If, in the judgment of the commission, any repair upon telecommunications facilities, a change in its rates, a change in the mode of operating telecommunications facilities or conducting telecommunications company business is necessary, reasonable and expedient in order to promote the safety, convenience and accommodation of the public, the commission shall notify the telecommunications company immediately, and such telecommunications company shall change the mode of operating its facilities or conducting its business, or repair, renew or replace such facilities in such manner, of such material and within such time as the commission may order. Source: SDC 1939, §§52.0202, 52.1318; SDCL, §§49-3-7, 49-3-8; SL 1979, ch 307, §§21, 22; SL 1987, ch 345, §48; SL 1992, ch 328, §15.
SD Codified L § 49-31-7.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-7.1 - Powers and duties of commission.

49-31-7.1. Powers and duties of commission.The commission may:(1)Examine and inspect the condition of each telecommunications company in this state and of its equipment, and the manner of its conduct and management with reference to the safety, accommodation and convenience of the public;(2)Require any telecommunications company doing business in this state to install any facility necessary for the safety, convenience and accommodation of the public;(3)Inquire into the management of the business of all telecommunications companies subject to the provisions of this chapter, and the commission shall keep informed as to the manner and method in which the same is conducted, and may obtain from such telecommunications companies full and complete information necessary to enable it to perform the duties and carry out the objects for which it was created;(4)Require annual reports and such special reports which, in the opinion of the commission, are necessary or proper for its information;(5)Prescribe the forms of any and all accounts, records and memoranda to be kept by telecommunications companies;(6)Inspect all accounts, records and memoranda kept by telecommunications companies and may employ special agents or examiners who have authority, under the order of the commission, to examine any and all accounts, records and memoranda kept by any telecommunications company engaged in interstate commerce;(7)Examine any of the books, papers or documents of any such telecommunications company and to examine under oath or otherwise any officer, director, agent or employee of any such telecommunications company; and(8)Issue subpoenas to compel the attendance and testimony of witnesses and the production of all books, papers, tariffs, schedules, contracts, agreements and documents relating to any matter under investigation, and to that end may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of books, papers and documents under the provisions of this section. The attendance of witnesses and the production of documents, books and papers may be required from any place in the state at any designated place of hearing. Source: SDC 1939, §§52.0202 to 52.0205, 52.0256, 52.0259; SDCL, §§49-3-6, 49-3-10, 49-3-11, 49-3-12, 49-3-13, 49-3-16, 49-3-17, 49-3-19, 49-3-20; SL 1987, ch 345, §49.
SD Codified L § 49-31-7.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-7.2 - Liability for damages unaffected.

49-31-7.2. Liability for damages unaffected.Nothing in §49-31-7.1 may be construed to relieve any telecommunications company from its present responsibility or liability for damages to any person or property. Source: SDC 1939, §52.0202; SDCL, §49-3-9; SL 1987, ch 345, §50.
SD Codified L § 49-31-7.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-7.3 - Court order to testify or produce records--Violation as contempt.

49-31-7.3. Court order to testify or produce records--Violation as contempt.Upon certificate by any member of the commission stating that a telecommunications company or person subject to the provisions of this chapter has refused to obey a subpoena, rule, order or regulation of the commission, any court of this state, pursuant to chapter 21-34, shall issue an order requiring such telecommunications company or other person to appear before the commission and produce all books and papers, give evidence in relation to the matter in question or otherwise comply with the rule or order of the commission. A failure to obey the order of the court shall be punished by the court as contempt. Source: SDC 1939, §52.0203; SDCL, §49-3-14; SL 1987, ch 345, §51; SL 1992, ch 328, §16.
SD Codified L § 49-31-7.4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-7.4 - Obstruction of commission--Civil fine.

49-31-7.4. Obstruction of commission--Civil fine.No person may obstruct the commission or any member thereof in the performance of any of its duties or functions or refuse to give any information within its possession or to produce any record or evidence that may be required by the commission or member within the purview of its or his duties as such commission or member. Any person who violates this section may be punished by a civil fine not exceeding one thousand dollars. Source: SDC 1939, §§52.0203, 52.9901; SDCL, §49-3-15; SL 1983, ch 15, §96; SL 1983, ch 331, §7; SL 1987, ch 345, §52.
SD Codified L § 49-31-10 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-10 - Delivery of messages to persons intended--Care required.

49-31-10. Delivery of messages to persons intended--Care required.Any telecommunications provider in this state shall use great care and diligence in the transmission and delivery of telecommunications services and shall deliver telecommunications messages to the persons for whom they are intended. Source: SDC 1939, §§8.0701, 8.0702, 8.1102, 52.1314; SDCL, §§49-6-1, 49-6-2; SL 1983, ch 15, §112; SL 1987, ch 345, §53.
SD Codified L § 49-31-11 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-11 - Discrimination prohibited--Civil fine.

49-31-11. Discrimination prohibited--Civil fine.No person or telecommunications company may unjustly or unreasonably discriminate between persons in providing telecommunications services or in the rate or price charged for those services. No telecommunications company may offer a rate or charge, demand, collect or receive from any person a greater or lesser compensation for any telecommunications service offered than it charges, demands, collects or receives from any other person for providing a like telecommunications service. No telecommunications company may make or give any unjust or unreasonable preference or advantage to any person, nor unjustly or unreasonably prejudice or disadvantage any person, in the provision of any telecommunications service. Notwithstanding any prohibitions in this section, upon application to the commission, any telecommunications company may after investigation by the commission, be authorized by the commission to charge special rates or to give certain preferences which are determined by the commission to be fair and reasonable.Nothing in this section applies to volume discounts or to the provision of telecommunications services at reduced rates for the United States, this state, local governments or governmental subdivisions.Whoever violates any of the provisions of this section is guilty of unjust discrimination and shall be punished by a civil fine not less than one thousand nor more than five thousand dollars for each violation. Nothing in this section may alter or eliminate any remedy otherwise available to an injured party, including an injured party's right to initiate a suit against the company guilty of discrimination pursuant to §49-13-14.1. Source: SDC 1939, §§52.1317, 52.9925; SL 1983, ch 15, §113; SL 1983, ch 331, §10; SL 1987, ch 345, §54; SL 1988, ch 375, §15; SL 1992, ch 328, §36.