reglab/housing_qa huggingface dataset:
SD Codified L § 49-31-12 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|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.

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.The commission shall make for each of the telecommunications companies doing business in this state a schedule of reasonable fares and rates or prices except for those telecommunications services which are fully competitive. The commission may determine and approve different rates or prices for different companies and for different services of any company. The commission shall:(1)Change and revise such rates or prices as circumstances require;(2)Serve upon each company at least ten days' notice of the time and place rates or prices will be determined, and provide an opportunity for any person, partnership, limited liability company, corporation, or company to be heard; and(3)Give notice to the company of the rates or prices decided upon and the effective date of such rates or prices, and provide a printed copy of such rates or prices to the general public upon request. Source: SDC 1939, §§52.0216, 52.1315; SDCL, §§49-10-1 to 49-10-3; SL 1979, ch 307, §§55, 56; SL 1987, ch 345, §55; SL 1988, ch 375, §16; SL 1994, ch 351, §135.
SD Codified L § 49-31-12.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-12.1 - Tariff as prima facie evidence of reasonableness--Commission certified as true copy.

49-31-12.1. Tariff as prima facie evidence of reasonableness--Commission certified as true copy.Any tariff, or a certified copy, approved pursuant to §49-31-1.4, 49-31-12, 49-31-12.2, 49-31-12.4, or 49-31-12.5, shall be received in evidence as an official tariff on file with the commission, without further proof. The commission shall certify that the tariff in question is a true copy of the original on file with the commission and that it is currently in effect. The tariff shall, in any suit brought against a company, constitute prima facie evidence that the rates or prices approved thereby are fair and reasonable. Source: SDC 1939, §52.0216; SDCL, §§49-10-4, 49-10-5; SL 1979, ch 307, §57; SL 1987, ch 345, §56; SL 1988, ch 375, §17; SL 1992, ch 328, §17.
SD Codified L § 49-31-12.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-12.2 - Duties of regulated companies concerning publication and filing of rates or prices.

49-31-12.2. Duties of regulated companies concerning publication and filing of rates or prices.Any telecommunications company subject to this chapter for noncompetitive and emerging competitive telecommunications services shall:(1)Print and keep for public inspection in a convenient and publicly accessible place, its tariff showing the rates or prices for telecommunications services offered by the company which are in force at the time;(2)Not increase published rates or prices for noncompetitive telecommunications services except after thirty days' notice to the commission and to the public. The notice shall state the proposed increase and the proposed effective date of the increase. After thirty days' notice the increase may go into effect subject to suspension, refund or both, pursuant to §49-31-12.4 or 49-31-12.5, whichever is applicable. A company need only notify the commission of any reduction in rates or prices for telecommunications services before the effective date of the reduction and publish the appropriately amended tariff and notice required in subdivision (1) of this section;(3)Except as provided for in subdivision (2) of this section, not deviate from any of its current published rates; and(4)Upon request of the commission, file with the commission copies of any contracts, agreements or arrangements with other companies that are affected by the provisions of this chapter. Source: SDC 1939, §52.0212; SDCL, §§49-10-10, 49-10-17; SL 1979, ch 307, §§61, 64; SL 1987, ch 345, §57; SL 1988, ch 375, §18; SL 1992, ch 328, §18.
SD Codified L § 49-31-12.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-12.3 - Failure to file tariffs and agreements--Mandamus.

49-31-12.3. Failure to file tariffs and agreements--Mandamus.If any telecommunications company subject to the provisions of this chapter neglects or refuses to file or publish its tariffs of rates or prices, and contracts and agreements relating thereto, the telecommunications company, pursuant to chapter 21-34, is subject to a writ of mandamus to be issued by any circuit court of the state in the judicial circuit where the principal office of the telecommunications company is situated or where the offense may be committed. Source: SDC 1939, §52.0212; SDCL, §49-10-18; SL 1987, ch 345, §58; SL 1988, ch 375, §19; SL 1992, ch 328, §19.
SD Codified L § 49-31-12.4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-12.4 - Filing of new or changed tariff--Procedures for commission.

49-31-12.4. Filing of new or changed tariff--Procedures for commission.If a telecommunications company files with the commission any tariff stating a new rate or price or any new practice affecting any noncompetitive telecommunications service, the commission:(1)May upon a petition to intervene or on its own initiative, with or without answer or other formal pleading by the interested company or companies but upon reasonable notice, enter upon a hearing concerning the propriety or reasonableness of the rate, price or practice;(2)Pending any hearing pursuant to subdivision (1) of this section, the commission may suspend the operation of the tariff and the use of the rate or practice upon order with notice to the company of the reasons therefor. The suspension may not last longer than one hundred twenty days beyond the proposed effective date of the rate or practice. However, the commission may extend the period an additional sixty days;(3)During any hearing conducted pursuant to subdivision (1) of this section, receive whatever evidence, statements or arguments the parties may offer pertinent to the investigation. The burden is on the company to prove that the tariff is fair and reasonable;(4)After any hearing pursuant to subdivision (1) of this section, determine a fair and reasonable rate or price, render a written decision specifically setting out the rate or price and prepare a record of its proceeding and findings; and(5)If a rate has been suspended pursuant to subdivision (2) of this section and the commission has not issued an order at the expiration of one hundred eighty days after the proposed effective date of the rate or practice, the proposed change may go into effect at the end of such period. In the case of a proposed increased rate or price, the telecommunications company shall keep an accurate account of all amounts received by reason of the increase. The company shall specify by whom and on whose behalf the amounts are paid. Upon completion of the hearings and entry of a commission decision, the commission may require the telecommunications company to refund, with interest, to the persons in whose behalf such amounts were paid, the portion of the increased rates or prices found to be unfair or unreasonable. Source: SDC 1939, §§52.0217 to 52.0219; SDCL, §§49-10-26, 49-10-27, 49-10-33 to 49-10-35; SL 1979, ch 307, §§67 to 69; SL 1980, ch 322, §120; SL 1982, ch 326; SL 1987, ch 345, §59; SL 1988, ch 375, §20; SL 1992, ch 328, §20.
SD Codified L § 49-31-12.5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-12.5 - Filing of new schedule affecting emerging competitive service--Notice and hearing--Suspension or disapproval of price or practice.

49-31-12.5. Filing of new schedule affecting emerging competitive service--Notice and hearing--Suspension or disapproval of price or practice.If a telecommunications company files with the commission any tariff stating a new price or a change in price or practice affecting any emerging competitive telecommunications service, the commission:(1)Shall permit any proposed change in price or practice to be effective upon twenty days' notice to the commission and the customers affected by the change;(2)May, upon receiving a petition to intervene or upon its own motion, conduct a hearing to determine whether any new price or change in price or practice is fair and reasonable. Any petition to intervene or motion shall be filed or made within twenty days after the filing of the price or practice. The burden of proof is on the company to show that any new price or change in price or practice is fair and reasonable. Any hearing shall be completed and any order of the commission shall be issued within one hundred twenty days after the effective date of the tariff filed;(3)May, if the petition to intervene or motion alleges improper cross subsidization in violation of §49-31-4 or unjust or unreasonable discrimination pursuant to §49-31-11, suspend the effective date of any new price or a change in price or practice, if the commission determines that any remedial order of the commission pursuant to chapter 49-13 will not adequately protect a party from irreparable harm. Any suspension may not exceed thirty days following the effective date of the tariff filed; and(4)Shall, after notice and hearing, disapprove any price or practice found to be unfair and unreasonable and may order a refund with interest of any portion of the change found to be unfair and unreasonable. During any proceedings under this section, a telecommunications company shall keep accurate records of the amounts collected as a result of the increased price in the event of a refund at the conclusion of all proceedings. Source: SL 1988, ch 375, §21; SL 1992, ch 328, §21.
SD Codified L § 49-31-12.6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-12.6 - Deposits into regulatory assessment fee fund.

49-31-12.6. Deposits into regulatory assessment fee fund. The Public Utilities Commission may require a telecommunications company as defined in § 49-31-1 to make a deposit when it files for approval of a general change in rates or prices for any noncompetitive or emerging competitive telecommunications service. The commission may require a telecommunications company to deposit up to one hundred thousand dollars in the South Dakota Public Utilities Commission Regulatory Assessment Fee fund, the amount to be designated by commission order. Source: SL 1994, ch 352, §5A; SL 2021, ch 200, § 7.
SD Codified L § 49-31-12.7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-12.7 - Tariffs for telecommunications services other than emerging and noncompetitive services prohibited.

49-31-12.7. Tariffs for telecommunications services other than emerging and noncompetitive services prohibited.Unless exempted from filing by §49-31-5.1, a telecommunications company shall file tariffs only for emerging and noncompetitive telecommunications services. No other telecommunications services may be tariffed. Source: SL 2007, ch 267, §1.
SD Codified L § 49-31-12.8 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-12.8 - Availability of telecommunications services information--Notification of adverse change in rates, terms, or conditions.

49-31-12.8. Availability of telecommunications services information--Notification of adverse change in rates, terms, or conditions.A telecommunications company shall make available to any person, in at least one location, during regular business hours, information concerning its current rates, terms, and conditions for all of its telecommunications services. The information shall be made available in an easy to understand format and in a timely manner. Following an inquiry or complaint from a person concerning a rate, term, or condition for a telecommunications service, a telecommunications company shall specify that such information is available and the manner in which the person may obtain the information. A telecommunications company shall notify a customer of any materially adverse change to any rate, term, or condition of any telecommunications service being provided to the customer. The notification shall be made at least thirty days in advance of the change. Source: SL 2007, ch 267, §2.
SD Codified L § 49-31-15 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-15 - Access to telecommunications facilities--Application to commission--Order requiring access--Apportionment of expenses.

49-31-15. Access to telecommunications facilities--Application to commission--Order requiring access--Apportionment of expenses.The commission may compel access to any telecommunications facilities in this state. Any telecommunications company desiring access to any other company's facilities shall, if access is refused, make an application to the commission. Upon receipt of the application, the commission shall ascertain the facts in the case. If in its judgment the public service demands the access and the facilities of the applicant are in proper condition, the commission may order the access upon such terms and conditions that are found to be in the public interest and apportion the expense of the access. Source: SDC 1939, §52.1316; SL 1947, ch 235; SL 1987, ch 345, §62; SL 1992, ch 328, §23.
SD Codified L § 49-31-18 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-18 - Access provided to companies doing business in same vicinity--Discrimination prohibited.

49-31-18. Access provided to companies doing business in same vicinity--Discrimination prohibited.Every telecommunications company shall provide access for any other telecommunications company doing business in the same vicinity that makes application therefor and shall afford all reasonable and proper facilities for such access, for reasonable compensation and without discrimination, and under rules the commission may prescribe. To provide access facilities at reasonable rates and to enhance and preserve universal service, the commission may establish methods designed to determine and implement fair and reasonable access rates by rules promulgated pursuant to chapter 1-26. Source: SDC 1939, §52.1316; SL 1947, ch 235; SL 1987, ch 345, §65; SL 1988, ch 375, §23; SL 1992, ch 328, §26.
SD Codified L § 49-31-19 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-19 - Tariff of access charges--Approval by commission.

49-31-19. Tariff of access charges--Approval by commission.Access charges for switching and transporting telecommunications services between facilities shall be published in the tariff filed by the telecommunications company providing the access.Notwithstanding any exemption granted under §49-31-5.1, any telecommunications company providing telecommunications access services which are classified as emerging or noncompetitive shall file its access tariffs with the commission for approval pursuant to §49-31-12.4 or 49-31-12.5, as applicable. Source: SDC 1939, §52.1316; SL 1947, ch 235; SL 1987, ch 345, §66; SL 1992, ch 328, §27.
SD Codified L § 49-31-20 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-20 - Merger, consolidation, or transfer of stock or other ownership interests--Notification.

49-31-20. Merger, consolidation, or transfer of stock or other ownership interests--Notification.Any telecommunications company that holds a certificate of authority to operate in this state shall notify the commission of any consolidation or merger or transfer of stock or other ownership interests that will result in a different person then owning more than fifty percent of the company's stock or ownership interests. Source: SDC 1939, §52.1312; SL 1951, ch 259; SL 1987, ch 345, §67; SL 1988, ch 375, §24; SL 1992, ch 328, §28; SL 1998, ch 274, §21; SL 2005, ch 245, §1.
SD Codified L § 49-31-25 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-25 - Disclosure of contents, refusal to send or forging receipt of message as misdemeanor--Judicially ordered disclosure excepted.

49-31-25. Disclosure of contents, refusal to send or forging receipt of message as misdemeanor--Judicially ordered disclosure excepted.It is a Class 2 misdemeanor for any person connected in any capacity with a telecommunications company, with the intent to injure, deceive or defraud the sender or intended receiver thereof, or the company or provider, or to benefit himself or any other person, to:(1)Intentionally divulge the contents or the nature of a private communication entrusted to him for transmission or delivery;(2)Refuse or neglect to transmit or deliver the private communication; or(3)Intentionally forge the name of the intended receiver to the private communication.The provisions of this section do not apply to any person who divulges the contents of a private communication upon the order of a circuit court judge. Source: SDC 1939, §§52.1319, 52.9926; SL 1983, ch 15, §116; SL 1987, ch 345, §69.
SD Codified L § 49-31-26 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-26 - Disclosure of message without written permission of sender or addressee as misdemeanor--Judicial disclosure excepted.

49-31-26. Disclosure of message without written permission of sender or addressee as misdemeanor--Judicial disclosure excepted.Any person not connected with a telecommunications company, who discloses the contents of a private communication addressed to another person, in the course of transmission or in any other manner, without the written permission of the sender of the communication, or of the person to whom the communication is addressed, except upon order of a circuit court judge, is guilty of a Class 2 misdemeanor. Source: SDC 1939, §13.4511; SL 1983, ch 15, §117; SL 1987, ch 345, §70.
SD Codified L § 49-31-28 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-28 - Party line and emergency calls--Definitions.

49-31-28. Party line and emergency calls--Definitions.For the purposes of §§49-31-29 and 49-31-30 the following terms have the meanings ascribed to them as follows:(1)"Party line" means a subscribers' line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number;(2)"Emergency" means a situation in which property or human life are in jeopardy, and the prompt summoning of aid is essential. Source: SL 1959, ch 49, §1; SDC Supp 1960, §13.1629.
SD Codified L § 49-31-29 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-29 - Intentional refusal to relinquish party line in emergency as misdemeanor.

49-31-29. Intentional refusal to relinquish party line in emergency as misdemeanor.Any person who intentionally refuses to immediately relinquish a party line when informed that such line is needed for an emergency call actually existing as defined in subdivision 49-31-28(2), to a fire department, to a law enforcement officer or department, for medical aid or for ambulance service, is guilty of a Class 2 misdemeanor. Source: SL 1959, ch 49, §2; SDC Supp 1960, §13.1628; SL 1983, ch 15, §119.
SD Codified L § 49-31-29.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-29.1 - "Communication device" and "emergency" defined.

49-31-29.1."Communication device" and "emergency" defined.Terms used in §§49-31-29.1 and 49-31-29.2 mean:(1)"Communication device," any device, including a telephone, cellular telephone, computer, or radio which may be used in an attempt to summon law enforcement, fire department, medical, or other emergency personnel;(2)"Emergency," any situation in which human health or safety is in imminent danger. Source: SL 2002, ch 214, §1.
SD Codified L § 49-31-29.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-29.2 - Interference with emergency communication--Violation a misdemeanor.

49-31-29.2. Interference with emergency communication--Violation a misdemeanor.If a person is attempting to summon aid to an emergency or has communicated a desire to summon aid to an emergency, no person may prohibit or interrupt, or attempt to prohibit or interrupt, another person's use of a communication device by either of the following:(1)Using or threatening to use physical force, intimidation, interference, or any other form of violence; or(2)Destroying, disabling, or damaging a communication device.A violation of this section is a Class 1 misdemeanor. Source: SL 2002, ch 214, §2.
SD Codified L § 49-31-30 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-30 - Securing line by claiming nonexistent emergency as misdemeanor.

49-31-30. Securing line by claiming nonexistent emergency as misdemeanor.Any person who obtains the use of a party line by falsely stating that the line is needed for an emergency is guilty of a Class 2 misdemeanor. Source: SL 1959, ch 49, §3; SDC Supp 1960, §13.1630; SL 1983, ch 15, §120.
SD Codified L § 49-31-31 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-31 - Threatening or harassing contacts by telephone or other electronic communication device as misdemeanor.

49-31-31. Threatening or harassing contacts by telephone or other electronic communication device as misdemeanor.It is a Class 1 misdemeanor for a person to use a telephone or other electronic communication device for any of the following purposes:(1)To contact another person with intent to terrorize, intimidate, threaten, harass, or annoy such person by using obscene or lewd language or by suggesting a lewd or lascivious act;(2)To contact another person with intent to threaten to inflict physical harm or injury to any person or property;(3)To contact another person with intent to extort money or other things of value;(4)To contact another person with intent to disturb that person by repeated anonymous telephone calls or intentionally failing to replace the receiver or disengage the telephone connection.It is a Class 1 misdemeanor for a person to knowingly permit a telephone or other electronic communication device under his or her control to be used for a purpose prohibited by this section. Source: SL 1967, ch 30, §1; SL 1983, ch 15, §121; SL 2008, ch 240, §1; SL 2011, ch 206, §1.
SD Codified L § 49-31-31.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-31.1 - Electronic communication device defined.

49-31-31.1. Electronic communication device defined.For the purposes of §§49-31-31 and 49-31-33, an electronic communication device is any electronic device capable of transmitting signs, signals, writing, images, sounds, messages, data, or other information by wire, radio, light waves, electromagnetic means, or other similar means, including telephones, cellular phones, and computers. Source: SL 2011, ch 206, §3.