reglab/housing_qa huggingface dataset:
SD Codified L § 49-31-51 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|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.

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.There is hereby imposed an access fee of fifteen cents per local exchange service line per month, fifteen cents per cellular telephone per month in accordance with the provisions provided in subdivision 34-45-1(7), and fifteen cents per radio pager device per month to pay for the program established in §49-31-47. The access fee shall be paid by each local exchange subscriber to a local exchange service, or by each cellular telephone or radio pager service subscriber to the service provider, unless the subscriber is otherwise exempt from taxation. The access fee shall be reported as a separate line or service and collected on the regular monthly bill by each local exchange telecommunications company or other service provider operating in this state. On or before the last day of the month following each two-month period, every telecommunications company providing local exchange service or other service provided specified in this section shall remit to the Department of Revenue on forms furnished by the department the amount of the access fee collected for that two- month period. The secretary of revenue may grant an extension of not more than five days for filing a remittance. The Department of Revenue shall deposit ninety percent of the money received pursuant to the provisions of §§49-31-47 to 49-31-56, inclusive, into the telecommunication fund for the deaf and ten percent in the telecommunication fund for other disabilities. Source: SL 1989, ch 401, §4; SL 1991, ch 385; SL 1997, ch 267, §5; SL 2002, ch 61, §4; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2006, ch 237, §§1, 2; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2014, ch 221, §5.
SD Codified L § 49-31-51.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-51.1 - Promulgation of rules to administer access fee.

49-31-51.1. Promulgation of rules to administer access fee.The secretary of revenue may promulgate rules, pursuant to chapter 1-26, to administer the fee imposed pursuant to §49-31-51. The rules may include:(1)The filing of returns and payment of the fee;(2)Determining the application of the fee;(3)Record-keeping requirements; and(4)Determining auditing methods. Source: SL 2000, ch 68, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 49-31-52 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-52 - Liability for uncollected fees.

49-31-52. Liability for uncollected fees.No local exchange telecommunications company has any obligation to take any legal action to enforce the collection of any charge imposed pursuant to §§49-31-47 to 49-31-56, inclusive. The local exchange company is not liable for such uncollected amounts. Source: SL 1989, ch 401, §4A.
SD Codified L § 49-31-53 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-53 - Annual review of access fee--Report to legislature.

49-31-53. Annual review of access fee--Report to legislature.The access fee imposed in §49-31-51 is subject to annual review by the Department of Human Services. Each year the department shall report to the legislature and recommend whether the access fee should be increased or decreased in order that the money raised by the access fee pays for the costs of the program. Source: SL 1989, ch 401, §5.
SD Codified L § 49-31-54 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-54 - Administrative cost for collection of fee.

49-31-54. Administrative cost for collection of fee.The local exchange telecommunications company may deduct and retain one hundred dollars or one percent of the collected amount, whichever is greater, as the cost of administration for collecting the charge. Source: SL 1989, ch 401, §5A.
SD Codified L § 49-31-55 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-55 - Sources of funds in addition to access fees.

49-31-55. Sources of funds in addition to access fees.The secretary of the Department of Human Services may accept and expend for the purpose of §§49-31-47 to 49-31-56, inclusive, in addition to the amount in §49-31-47, any funds obtained from federal sources, gifts, contributions or any other source if such acceptance and expenditure is approved in accordance with §4-8B-10. Source: SL 1989, ch 401, §7.
SD Codified L § 49-31-56 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-56 - Method of payment of expenditures.

49-31-56. Method of payment of expenditures.Expenditures authorized by the provisions of §§49-31-47 to 49-31-56, inclusive, shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Human Services. Expenditure for services for individuals who have deafness, deaf blindness, hearing impairments, and speech impediments and expenditures for the dual party relay service shall be paid from the telecommunication fund for the deaf. Expenditure for services for individuals with all other disabilities shall be paid from the telecommunication fund for other disabilities. Source: SL 1989, ch 401, §8; SL 1997, ch 267, §6; SL 2014, ch 221, §6.
SD Codified L § 49-31-56.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-56.1 - Promulgation of rules regarding telecommunications and communication services program.

49-31-56.1. Promulgation of rules regarding telecommunications and communication services program.The Department of Human Services may promulgate rules, pursuant to chapter 1-26, for the administration of the telecommunications and communication services program. The rules may include:(1)Eligibility determination, criteria, and application procedures;(2)The amount and scope of services; and(3)Methods of administration. Source: SL 2014, ch 221, §7.
SD Codified L § 49-31-57 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-57 - Penalty for pleading filed for improper purpose--Sanction by commission.

49-31-57. Penalty for pleading filed for improper purpose--Sanction by commission.The commission may on its own motion or upon the motion of any party, assess against a party reasonable attorney fees, expert witness fees, discovery costs, transcript fees or other expenses of the commission or another party to a proceeding if a party has filed a pleading with the commission that is interposed for an improper purpose, such as to harass, cause unnecessary delay or needlessly increase the cost of litigation. Any sanction imposed by the commission shall be pursuant to and consistent with §15-6-11. Source: SL 1992, ch 328, §40.
SD Codified L § 49-31-58 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-58 - Alternative methods of assigning costs for certain services.

49-31-58. Alternative methods of assigning costs for certain services.If it is determined to be in the public interest, the commission may utilize cost allocation methods other than fully distributed methods as provided for in §49-31-4 for the assignment of costs among jointly provided noncompetitive services, emerging competitive services, or fully competitive services. In determining whether any alternative method of assigning costs is in the public interest the commission shall consider:(1)The impact of the method on efforts to preserve universal telecommunications service;(2)The extent to which the method will promote competition and facilitate the offering of advanced telecommunications services to all classes of ratepayers throughout the state; and(3)Any other factors that the commission considers relevant to the public interest. Source: SL 1995, ch 263, §1.
SD Codified L § 49-31-59 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-59 - Procedures for approving sale of telecommunications exchanges.

49-31-59. Procedures for approving sale of telecommunications exchanges.Any sale of a telecommunications exchange shall be approved by the commission. Within twenty days following receipt of a telecommunications company's application to sell an exchange, the commission shall publish notice of the proposed sale in a newspaper of general circulation in each county in which an exchange to be sold provides service. The applicant shall reimburse the commission for the cost of the publication. The notice shall inform the public of their right to file a petition of intervention in the proceeding or to submit comment within fifteen days following publication of the notice. The commission shall consider the protection of the public interest, and to the extent applicable, the adequacy of local telephone service, the reasonableness of rates for local service, the provision of 911, enhanced 911, and other public safety services, the payment of taxes, and the ability and commitment of the local exchange company to provide modern, state-of-the-art telecommunications services. If no hearing is held on the application, the commission shall issue its order pursuant to this section within forty-five days following the publication of the notice. If a hearing is held on the application, the commission shall issue its order pursuant to this section within one hundred twenty days following the publication of the notice. The commission's order may include conditions that the commission finds necessary to ensure compliance with the criteria set forth in this section. For the purposes of this section, the term, sale, means the passing, for consideration, of title to the assets comprising a telecommunications exchange, but does not include nonasset sale transactions such as mergers, consolidations, stock sales, or financing transactions. For the purposes of this section, the term, exchange, means the switching, transmission, other equipment and facilities and associated permits, authorizations, service rights, customer contracts, and related assets by which a telecommunication company provides local exchange service throughout a local exchange area utilizing its own facilities. Source: SL 1995, ch 263, §2; SL 2005, ch 245, §2.
SD Codified L § 49-31-59.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-59.1 - Legislative intent--Joint provisioning and revenue-pooling arrangements--Commission review and approval--Exemptions--Construction.

49-31-59.1. Legislative intent--Joint provisioning and revenue-pooling arrangements--Commission review and approval--Exemptions--Construction.It is the intent of the Legislature to encourage telecommunications companies to more efficiently meet the infrastructure deployment goal described in §§49-31-60 and 49-31-61 for a fully integrated SONET backbone of interconnected survivable rings. To that end, telecommunications companies may jointly provide facilities and enter into revenue-pooling arrangements between and among themselves relating to the provisioning of these facilities. Any such arrangement shall be subject to commission review and approval and, to the extent it has received such approval, may not be construed as violating any state or local laws governing unfair trade practices, antitrust or restraint of trade. Further, it is the intent of the Legislature that any such approved arrangement shall be exempt from federal laws governing unfair trade practices, antitrust, or restraint of trade. Except with respect to such joint provisioning of facilities and revenue pooling arrangements approved by the commission, both state and federal laws governing unfair trade practices, antitrust, and restraint of trade shall apply with full force and effect. The joint provisioning of facilities within an arrangement consistent with the limited purpose described in this section may not be construed as imposing additional common carrier obligations on the participating companies. The provisions of this section may not be construed to permit any telecommunications company to take any action that is contrary to the public interest. Source: SL 1998, ch 274, §27.
SD Codified L § 49-31-60 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-60 - Telecommunications infrastructure--Legislative intent.

49-31-60. Telecommunications infrastructure--Legislative intent.It is the intent of the Legislature that South Dakota have a telecommunications infrastructure that meets the advanced communication needs of the state's individual citizens and its communities of interest, including our schools, medical facilities, businesses, and all levels of government. To achieve this intent, it is anticipated that three networks, accessible by all South Dakotans, will be established: a narrowband network, a wideband network, and a broadband network. Together, these three networks will form South Dakota's Public Communications Network Infrastructure. This infrastructure will enable any-to-any voice, data, videoconferencing, graphics, imaging, and multimedia communications. These three networks will fully support the following capability requirements: ubiquitous, feature rich, standard, secure, private, survivable, robust, addressable, switched, affordable, and available. Communications services will be reasonably and affordably priced. Classes of service will be created for network services in order to establish a service-based and value-based pricing model. The new narrowband, wideband, and broadband communications networks will be established in a manner ensuring that all the citizens of South Dakota realize the advantages of the forthcoming information age, including economic development, educational opportunities, a heightened level of medical care, and better, more efficient service from all levels of government.It is the intent of the Legislature, that:(1)The Public Communications Network Infrastructure will grow and enhance with expanding user needs and advancements in technologies' bandwidth and feature capabilities;(2)This layered network hierarchy, based upon a fully integrated backbone of interconnected switched survivable rings, will carry independent and fully integrated voice, data, and video communications; and(3)The network architecture will enable access and interconnection points for public-to-public, public-to-private, and wireline-to-wireless inter-networking. Source: SL 1997, ch 266, §§1, 11, 12; SL 1999, ch 224, §2.
SD Codified L § 49-31-61 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-61 - Public Communications Network Infrastructure--Composition.

49-31-61. Public Communications Network Infrastructure--Composition.South Dakota's Public Communications Network Infrastructure shall be composed of three networks: a narrowband network, a wideband network, and a broadband network. Source: SL 1997, ch 266, §3.
SD Codified L § 49-31-69 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-69 - Certificate of authority for construction of telecommunications facility--Extension outside local exchange service area application--Amended certificate.

49-31-69. Certificate of authority for construction of telecommunications facility--Extension outside local exchange service area application--Amended certificate.No telecommunications company may begin the construction of a telecommunications facility intended to provide local exchange service, commence operating a telecommunications facility for the purpose of providing local exchange service, or offer or otherwise provide local exchange service in this state prior to receiving a certificate of authority to provide the service from the commission. A company may not extend an existing telecommunications facility outside its local exchange service area for the purpose of providing local exchange service in a service area in which it is not certified without applying to the commission for authority to do so. Any telecommunications company seeking to amend or alter its authorized local exchange service territory shall apply for an amended certificate of authority. An application for an amended certificate is subject to the same requirements as an application for an initial certificate. The commission has the exclusive authority to grant a certificate of authority. Source: SL 1998, ch 274, §6.
SD Codified L § 49-31-70 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-70 - Application for certificate of authority--Notice.

49-31-70. Application for certificate of authority--Notice.An application for a certificate of authority to provide local exchange service shall set forth with particularity the proposed geographic territory to be served and provide information regarding the types of local exchange services to be provided. Each telecommunications company holding a certificate of authority to provide local exchange service within the geographic area where an applicant is seeking to provide local exchange service shall be provided notice of the application and be granted intervenor status in any commission proceeding on the application. Source: SL 1998, ch 274, §7.
SD Codified L § 49-31-71 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-71 - Certificate of authority--Notice and hearing.

49-31-71. Certificate of authority--Notice and hearing.The commission shall issue a certificate of authority for local exchange service to the applying telecommunications company, if, after notice and opportunity for hearing pursuant to chapter 1-26, the applicant has demonstrated sufficient technical, financial, and managerial capabilities to provide the local exchange services applied for. In granting a certificate of authority to provide local exchange service, the commission may impose terms and conditions, on a competitively neutral basis, that it finds consistent with preserving and advancing universal service, protecting the public safety and welfare, ensuring the continued quality of service, and safeguarding the rights of consumers. Source: SL 1998, ch 274, §8.
SD Codified L § 49-31-72 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-72 - Certificate of authority--Time limit for decision.

49-31-72. Certificate of authority--Time limit for decision.Except when an evidentiary hearing is required by the commission, the commission shall act on an application for a certificate of authority to provide local exchange service within sixty days of receiving a complete application. If an evidentiary hearing is required, the commission shall act on the application within one hundred twenty days of receipt of a complete application. Source: SL 1998, ch 274, §9.
SD Codified L § 49-31-73 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-73 - Rural service areas--Services--Waiver.

49-31-73. Rural service areas--Services--Waiver.Except as provided in 47 U.S.C. §253(f) as of January 1, 1998, if the applicant proposes to provide any local exchange service in the service area of a rural telephone company, the applicant is required to satisfy the service obligations of an eligible telecommunications carrier as set forth in 47 U.S.C. §214(e)(1) as of January 1, 1998, within a geographic area as determined by the commission. In addition, the services required to be provided as set forth in 47 U.S.C. §214(e)(1) as of January 1, 1998, shall be provided at prices and on terms which reflect a good faith offering of the services throughout the service area of the incumbent rural telephone company. This includes the obligation to advertise the availability of local exchange services and prices to potential customers throughout the service area using media of general distribution. However, an applicant may petition the commission for a waiver from the requirement of satisfying the service obligations of an eligible telecommunications carrier. The commission may grant the waiver if, after notice and hearing pursuant chapter 1-26, it is established by a preponderance of the evidence that the waiver would not adversely impact universal service, that quality of service would be continued, and that it would otherwise be in the public interest. Source: SL 1998, ch 274, §10.
SD Codified L § 49-31-74 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-74 - Certificate of authority--Retroactive application--Alterations or additions.

49-31-74. Certificate of authority--Retroactive application--Alterations or additions.Any certificate of authority for local exchange service granted by the commission to a telecommunications company prior to July 1, 1998, shall remain in full force and effect unless modified by the commission, and such company need not apply for certification in order to continue offering or providing service to the extent authorized in such certificate of authority. Prior to substantially altering the nature or scope of services provided under a certificate of authority, or adding or expanding services beyond the authority contained in such certificate, any such carrier shall apply for a certificate of authority for such alterations or additions. Source: SL 1998, ch 274, §11.
SD Codified L § 49-31-75 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-75 - Certificate of authority--Commission approval--Violations.

49-31-75. Certificate of authority--Commission approval--Violations.A certificate of authority for local exchange service issued by the commission may not be sold, assigned, leased, or transferred without commission approval. Any certificate of authority issued by the commission may be suspended or revoked, pursuant to chapter 1-26, for a willful violation of the laws of this state, a willful failure to comply with a rule or order of the commission, or other good cause. The offering of any local exchange telecommunications service without a certificate of authority or which is inconsistent with this section is a Class 1 misdemeanor. Source: SL 1998, ch 274, §13.