reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-96 - Costs of commission proceedings may be assessed against company--Objection.

49-31-96. Costs of commission proceedings may be assessed against company--Objection.
If the commission finds the company has committed a violation of §§49-31-89 to 49-31-97, inclusive, after holding a contested case proceeding or if allowed by §49-31-95, the commission may assess the actual costs of the contested case proceeding or contacting subscribers to the telecommunications company. The assessment shall be limited to actual amounts expended by the commission for commission employee time, expert witnesses, court reporter fees, document and exhibit preparation, and other necessary and related expenses incurred by the commission. The telecommunications company may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the telecommunications company. The order may be appealed pursuant to chapter 1-26.
Source:
SL 1999, ch 227, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-97 - "Subscriber" defined.

49-31-97."Subscriber" defined.
For the purpose of §§49-31-89 to 49-31-97, inclusive, the term, subscriber, means any person who contracts with a telecommunications company for telecommunications services.
Source:
SL 1999, ch 227, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-98 - Agencies to establish cost recovery mechanism for certain mandated services--Exemption.

49-31-98. Agencies to establish cost recovery mechanism for certain mandated services--Exemption.
Any decision or order by any agency which requires the provision of telecommunications services, in excess of voice grade local exchange service, shall establish a cost recovery method or mechanism to ensure that the telecommunications company will be able to recover the cost of the investment or expense in a period not to exceed ten years, from the services that result from such mandate. These costs may be recovered either regionally or statewide at the discretion of the agency. This section does not affect any decision or order made by any agency to comply with 47 U.S.C. §251 as of January 1, 1999.
Source:
SL 1999, ch 225, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-99 - Requirements for telephone solicitors making unsolicited calls.

49-31-99. Requirements for telephone solicitors making unsolicited calls.
Any telephone solicitor who makes unsolicited telephone calls shall institute procedures that comply with the provisions of this chapter for obtaining a list of persons who do not wish to receive unsolicited telephone calls made by or on behalf of the telephone solicitor. No telephone solicitor may make an unsolicited telephone call to any number listed on the register. The commission may promulgate rules, pursuant to chapter 1-26, concerning procedures and requirements regarding the implementation of a register, setting of fees for purchase of the register, form of the application, requirements for acquiring a copy of the register, requirements for enrollment on and removal from the register, procedures for maintaining a register, setting of fees to enroll or renew enrollment on the register, procedures for operating the register, standards concerning the use of the register, and application of the civil fines.
Source:
SL 2003, ch 238, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-100 - Operation of and subscription to register--Fees.

49-31-100. Operation of and subscription to register--Fees.
The commission shall establish or provide for the operation of a register. The register may be operated by the commission or by another entity under contract with the commission. A residential telephone subscriber may enroll on the register in accordance with procedures prescribed by the commission. A subscriber shall pay to the commission a fee, set pursuant to §49-31-99, of not more than five dollars to be listed on the register. Fees collected under this section shall be credited to the telephone solicitation account established in §49-31-104.
Source:
SL 2003, ch 238, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-101 - State "do-not-call" register.

49-31-101. State "do-not-call" register.
The commission shall maintain a register of names and telephone numbers of each South Dakota residential telephone subscriber who has elected not to receive unsolicited telephone calls. The commission may provide to the Federal Trade Commission, for inclusion in the national "do-not-call" registry, the telephone numbers listed in the register. The commission may include South Dakota residential telephone subscribers listed in the national "do-not-call" registry in the register.
Source:
SL 2003, ch 238, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-102 - Copy of register required for telephone solicitors making unsolicited calls.

49-31-102. Copy of register required for telephone solicitors making unsolicited calls.
Any telephone solicitor who makes unsolicited telephone calls to South Dakota residential telephone subscribers shall obtain a copy of the register.
Source:
SL 2003, ch 238, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-103 - Commission may use national "do-not-call" registry.

49-31-103. Commission may use national "do-not-call" registry.
Notwithstanding any other provision of §§49-31-99 to 49-31-108, inclusive, the commission may use the national "do-not-call" registry established and maintained by the Federal Trade Commission as the register.
Source:
SL 2003, ch 238, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-104 - Telephone solicitation account established.

49-31-104. Telephone solicitation account established.
There is hereby established in the state treasury, the telephone solicitation account. Unless otherwise provided by law, this fund consists of all fees and fines imposed pursuant to §§49-31-99 to 49-31-108, inclusive, designated for deposit in the fund. The fund shall be maintained separately and administered by the commission to implement and administer provisions of this chapter. Any interest earned on money in the fund shall be deposited in the fund. Expenditures from the fund shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature. Any expenditure from the fund shall be disbursed on warrants drawn by the state auditor and shall be supported by vouchers approved by the commission.
Source:
SL 2003, ch 238, §5; SL 2011, ch 207, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-105 - Annual fee for unsolicited calls by telephone solicitors.

49-31-105. Annual fee for unsolicited calls by telephone solicitors.
Any telephone solicitor who makes unsolicited telephone calls to South Dakota residential telephone subscribers shall pay to the commission an annual fee of not more than five hundred dollars. Fees collected under this section shall be credited to the telephone solicitation account.
Source:
SL 2003, ch 238, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-106 - Commission may use gross receipts tax fund for implementation--Funds to be returned after register implemented.

49-31-106. Commission may use gross receipts tax fund for implementation--Funds to be returned after register implemented.
Notwithstanding the provisions of chapter 49-1A, the commission may use amounts deposited in the gross receipts tax fund to implement §§49-31-99 to 49-31-108, inclusive. All funds used shall be returned to the gross receipts tax fund within three years of implementation of the register.
Source:
SL 2003, ch 238, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-107 - Telecommunications companies to notify customers of certain provisions.

49-31-107. Telecommunications companies to notify customers of certain provisions.
Any telecommunications company that provides local exchange service shall inform its customers of the provisions of §§49-31-99 to 49-31-108, inclusive, by publication of the notice in the consumer pages of its telephone directories.
Source:
SL 2003, ch 238, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-108 - Telephone solicitation--Violations--Civil penalty.

49-31-108. Telephone solicitation--Violations--Civil penalty.
Any person who violates §§49-31-99 to 49-31-108, inclusive, or any rules promulgated pursuant to §§49-31-99 to 49-31-108, 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 five thousand dollars for each offense. In determining the amount of the penalty upon finding a violation, or the amount of a 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, and the good faith of the person charged in attempting to achieve compliance. Any telephone solicitation made to a person whose name first appears on the register is not a violation of §§49-31-99 to 49-31-108, inclusive, if the solicitation is made within thirty days of the receipt of the register. Any penalty collected pursuant to this section shall be credited to the telephone solicitation account established pursuant to §49-31-104.
Source:
SL 2003, ch 238, §11; SL 2021, ch 200, § 2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-109 - Definitions.

49-31-109. Definitions.
Terms used in §§49-31-109 to 49-31-115, inclusive, mean:
(1)"Interexchange carrier," a telecommunications carrier providing nonlocal telecommunications services;
(2)"Local telecommunications traffic," any wireline to wireline telecommunications traffic that originates and terminates in the same wireline local calling area or wireline to wireless telecommunications traffic that originates within and is delivered to an actual point of presence established by a wireless service provider in the same wireline local calling area. Local telecommunications traffic also includes any wireless to wireline telecommunications traffic that originates and terminates in the same major trading area as defined in 47 CFR §24.202(a) as of January 1, 2004;
(3)"Nonlocal telecommunications traffic," any wireline to wireline telecommunications traffic that originates in one wireline local calling area and terminates in another wireline local calling area and wireline to wireless telecommunications traffic that originates in one wireline local calling area and is delivered to an actual point of presence established by a wireless service provider in another wireline local calling area. Nonlocal telecommunications traffic also includes any wireless to wireline telecommunications traffic that originates in one major trading area and terminates in another major trading area;
(4)"Originating carrier," a telecommunications carrier whose network or service is used by a customer to originate telecommunications traffic. An originating carrier may be a wireline or wireless carrier transmitting local telecommunications traffic or an interexchange carrier transmitting nonlocal telecommunications traffic;
(5)"Terminating carrier," a telecommunications carrier upon whose network telecommunications traffic terminates to the called party;
(6)"Transiting carrier," a telecommunications carrier that does not originate or terminate telecommunications traffic, but either switches or transports traffic, or both, between an originating carrier and a terminating carrier;
(7)"Transit traffic," telecommunications traffic that an originating carrier has delivered to a transiting carrier or carriers for delivery to a terminating carrier.
Source:
SL 2004, ch 284, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-110 - Local telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges.

49-31-110.Local telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges.
If necessary for the assessment of transport and termination charges pursuant to 47 U.S. C. §251(b)(5) as of January 1, 2004, an originating carrier of local telecommunications traffic shall, in delivering its traffic, transmit signaling information in accordance with commonly accepted industry standards giving the terminating carrier information that is sufficient to identify, measure, and appropriately charge the originating carrier for services provided in terminating the local telecommunications traffic. If the originating carrier is delivering both local and nonlocal telecommunications traffic, the originating carrier shall separately provide the terminating carrier with accurate and verifiable information, including percentage measurements that enables the terminating carrier to appropriately classify telecommunications traffic as being either local or nonlocal, and interstate or intrastate, and to assess the appropriate applicable transport and termination or access charges. If accurate and verifiable information allowing appropriate classification of the terminated traffic is not provided by the originating carrier, the terminating carrier may classify all unidentified traffic terminated for the originating carrier as nonlocal telecommunications traffic for service billing purposes.
Source:
SL 2004, ch 284, §2.