reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-23 - Transfer of stock--Stock deemed personal property.

49-30-23. Transfer of stock--Stock deemed personal property.
The stock of every corporation organized under this chapter is deemed personal estate, and is transferable in the manner prescribed in its bylaws, subject to the provisions of §§57A-8-301 to 57A-8-307, inclusive, and §§57A-8-401 to 57A-8-407, inclusive, but no share is transferable until all previous calls have been fully paid in.
Source:
SDC 1939, §52.1308; SL 2021, ch 200, § 1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-24 - Liability of stockholders--Stock held by fiduciary or as collateral security.

49-30-24. Liability of stockholders--Stock held by fiduciary or as collateral security.
No person holding stock in any corporation organized under this chapter as personal representative, conservator, or trustee, and no person holding such stock as collateral security, is personally subject to any liability as stockholder of such corporation for any calls or installments on any part-paid stock thereof; but the person pledging such stock shall be considered as holding the same, and is liable as a stockholder accordingly; and the estate and funds in the hands of such personal representative, conservator, or trustee is liable in like manner and to the same extent as the testator, or intestate, ward, or person interested would have been if he had been living or competent to act, and held the same stock in his own name.
Source:
SDC 1939, §52.1310; SL 1993, ch 213, §247; SL 1995, ch 167, §188.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 30 - Telephone And Telegraph Corporations › Section 49-30-25 - Meetings by teleconference.

49-30-25. Meetings by teleconference.
Unless restricted by the articles of incorporation or bylaws, members of the board of directors or any committee designated by the board of directors may participate in a meeting of such board or committee by means of teleconference or similar communications equipment which allows all persons participating in the meeting to hear each other at the same time. Participation by a board or committee member in a teleconference constitutes presence in person at a meeting.
Source:
SL 1997, ch 257, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-1.1 - "Noncompetitive service" defined.

49-31-1.1."Noncompetitive service" defined.
For the purposes of this chapter, "noncompetitive service" is a monopoly service for which no competition exists or the regulation of which is necessary to insure affordable local exchange service. Such services include:
(1)Residential local exchange service;
(2)Business local exchange service;
(3)Agribusiness local exchange service;
(4)Emergency services;
(5)Public and semipublic coin telephone service; and
(6)All services not otherwise listed in §§49-31-1.2 and 49-31-1.3.
Source:
SL 1988, ch 375, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-1.2 - "Emerging competitive service" defined.

49-31-1.2."Emerging competitive service" defined.
For the purposes of this chapter, "emerging competitive service" is a service that satisfies the criteria of §49-31-3.2 and which has alternative services available to over twenty percent of the company's customers for that service. Such services include:
(1)Inter-LATA message toll service and intra-LATA message toll service;
(2)Inter-LATA wide area telephone service and intra-LATA wide area telephone service; and
(3)New products and services not functionally required to provide local exchange service.
Source:
SL 1988, ch 375, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-1.3 - "Fully competitive service" defined.

49-31-1.3."Fully competitive service" defined.
For the purposes of this chapter, "fully competitive service" is a service that satisfies the criteria of §49-31-3.2 and which has alternative services available to over fifty percent of the company's customers for that service or which is of limited scope or so discretionary in nature that regulation is not warranted. Such services include:
(1)Cellular radio services;
(2)Centron and centron-like services;
(3)Billing and collections;
(4)Optional services;
(5)Private line and special access; and
(6)Premise cable and inside wire.
Source:
SL 1988, ch 375, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-1.4 - "Price regulation" defined--Determination of fair and reasonable price.

49-31-1.4."Price regulation" defined--Determination of fair and reasonable price.
For the purposes of this chapter, "price regulation" is the procedure used by the commission to approve the charge for an emerging or noncompetitive telecommunications service which is not based on rate of return regulation. In determining whether the price is fair and reasonable, the commission shall determine and consider the price of alternative services, the overall market for the service, the affordability of the price for the service in the market it is offered, and the impact of the price of the service on the commitment to preserve affordable universal service. In determining the price for an emerging competitive service, the commission shall also consider the actual cost of providing the service. In determining the price for a noncompetitive service, the commission shall also consider the fully allocated cost of providing the service.
Source:
SL 1988, ch 375, §6; SL 1992, ch 328, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-1.5 - Unsolicited telephone call defined.

49-31-1.5. Unsolicited telephone call defined.
For the purposes of this chapter, the term, unsolicited telephone call, means any telephone solicitation call other than a call made:
(1)In response to an express request of the person called;
(2)Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call; or
(3)To any person with whom the telephone solicitor, or any business or financial institution on whose behalf the telephone call is being made has an established business relationship.
Source:
SL 2007, ch 266, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-1.6 - Established business relationship defined.

49-31-1.6. Established business relationship defined.
For purposes of §49-31-1.5, an established business relationship means a prior or existing relationship:
(1)Formed by the person's purchase or transaction with the telephone solicitor, or any business or financial institution on whose behalf the call is made, within the eighteen months immediately preceding the date of the telephone call; or
(2)Formed on the basis of the person's inquiry or application regarding products or services offered by the telephone solicitor, or any business or financial institution on whose behalf the call is made, within the three months immediately preceding the date of the call.
The relationship must not have been previously terminated by either party.
Source:
SL 2007, ch 266, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-2 - Applicability of statutes to telecommunications companies.

49-31-2. Applicability of statutes to telecommunications companies.
The provisions of chapters 49-7 to 49-13, inclusive, and this chapter apply to all telecommunications companies and to all telecommunications lines and facilities of any kind, character or description in use by any corporation, receiver, trustee, or other person operating a telecommunications company, whether owned or operated under contract, agreement, lease or otherwise.
Source:
SDC 1939, §§52.0201, 52.1301; SDCL, §49-3-3; SL 1979, ch 307, §19; SL 1987, ch 345, §42; SL 1992, ch 328, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-3.1 - Approval required for discontinuance of noncompetitive telecommunications service.

49-31-3.1. Approval required for discontinuance of noncompetitive telecommunications service.
A telecommunications company may not discontinue any noncompetitive telecommunications service without the express approval of the commission. A telecommunications company need only notify the commission of the discontinuance of any emerging competitive telecommunications service.
Source:
SL 1988, ch 375, §8; SL 1992, ch 328, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-3.2 - Waiver, modification, etc., of rules and orders for fully competitive or emerging competitive service--Application for classification--Factors in determining classification--Time for approval or denial.

49-31-3.2. Waiver, modification, etc., of rules and orders for fully competitive or emerging competitive service--Application for classification--Factors in determining classification--Time for approval or denial.
The commission, after notice and hearing, shall waive, eliminate or modify any of its rules or orders affecting telecommunications services if it finds that a telecommunications service is a fully competitive service or an emerging competitive service. A person, or the commission on its own motion, may apply to have an emerging competitive service of a telecommunications company classified as a fully competitive service or a noncompetitive service classified as an emerging competitive service or a fully competitive service. The application shall be filed with the commission and served on any other person designated by the commission. The application shall be in a form prescribed by the commission. The commission, in determining how a telecommunications service is to be classified, shall consider:
(1)The number and size of alternative providers of the service and the affiliation to other providers;
(2)The extent to which services are available from alternative providers in the relevant market;
(3)The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions of service;
(4)The market share, the ability of the market to hold prices close to cost, and other economic measures of market power; and
(5)The impact on universal service.
The commission shall approve or deny any such application within ninety days after the filing of the application. However, the commission may, by order, defer the period within which it must act for one additional period of ninety days, upon a finding that the proceeding cannot be completed within ninety days and that the additional time period is necessary for the commission to adequately and completely fulfill its duty under this title. If the commission has not acted on any such application within the appropriate time period permitted, the application shall be deemed granted.
Source:
SL 1988, ch 375, §9; SL 1992, ch 328, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-3.3 - Investigation of telecommunications services--Ninety-day period--Reclassification--Burden of proof--Reclassification after 90 days.

49-31-3.3. Investigation of telecommunications services--Ninety-day period--Reclassification--Burden of proof--Reclassification after 90 days.
The commission may, within ninety days after July 1, 1988, conclude an investigation into any or all of the telecommunications services listed in §§49-31-1.1, 49-31-1.2, and 49-31-1.3 to determine if any service is properly classified pursuant to the standards found in subdivisions 49-31-3.2(1) to (5), inclusive. The commission may, after notice and hearing, reclassify any service to conform the classification of the service to the evidence and the standards in §49-31-3.2. The telecommunications company providing the service has the burden of proving the classification is appropriate. During this ninety-day period, any service subject to the investigation will remain under rate of return regulation. Upon expiration of the ninety-day period, reclassification of any service, even if hearings had commenced within the ninety days, will be pursuant to the provisions of §49-31-3.4.
Source:
SL 1988, ch 375, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-3.4 - Reclassification proceeding--Factors in determining reclassification--Burden of proof--Stay of price change--Penalties and costs for spurious petition.

49-31-3.4. Reclassification proceeding--Factors in determining reclassification--Burden of proof--Stay of price change--Penalties and costs for spurious petition.
The commission, on its own motion or upon petition, shall commence regulation or reclassify a telecommunications service previously classified by the Legislature or the commission as a fully competitive service or an emerging competitive service if, after hearing or investigation, the commission finds:
(1)That the market for that emerging competitive service does not satisfy the criteria of §49-31-3.2 and does not have alternative telecommunications services available to over twenty percent of the telecommunications company's customers for that service; or
(2)That the market for that fully competitive service does not satisfy the criteria of §49-31-3.2 and does not have alternative telecommunications services available to over fifty percent of the telecommunications company's customers for that service.
In any proceeding to reclassify a telecommunications service, the person initiating the petition has the burden of proving that the existing classification is inappropriate, except the telecommunications company providing the service has the burden of proving that the classification is appropriate if the proceeding is commenced by the commission on its own motion. Upon the filing of a petition under this section and upon application, the commission may enter an order staying a price change, for not more than thirty days, for the disputed service pending a hearing on the merits of the petition, for reasonable cause shown. If a petition under this section is found to be spurious or vexatious, the commission may assess reasonable penalties and costs against the petitioning party, which may include reasonable attorney fees. However, the penalties and costs may not be assessed against the commission.
Source:
SL 1988, ch 375, §10; SL 1992, ch 328, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-4 - Determination and approval of rates and prices by commission--Attribution of revenues, investments and expenses--Rules.

49-31-4. Determination and approval of rates and prices by commission--Attribution of revenues, investments and expenses--Rules.
Any charge established for the provision of telecommunications services shall be fair and reasonable. The commission shall determine and approve individual rates to be charged by any telecommunications company for a noncompetitive service pursuant to §49-31-1.4, if applicable, and pursuant to §§49-31-12, 49-31-12.2 and 49-31-12.4. Except as provided in §49-31-4.1, the commission shall utilize rate of return regulation when determining the charge for a noncompetitive service.
The commission shall determine and approve individual prices to be charged by a telecommunications company for any emerging competitive service pursuant to §§49-31-1.4, 49-31-12, 49-31-12.2 and 49-31-12.5. However, there is no rate of return regulation of emerging competitive services and no rate of return or price regulation of fully competitive services.
The commission shall separate, assign and distribute a telecommunications company's revenues, investments, and expenses among all services offered. The commission shall, by rules promulgated pursuant to chapter 1-26, prescribe the methodologies by which a telecommunications company shall segregate its revenues, investments and expenses. The methodologies prescribed by the rules shall be in accord with federal and state law. No telecommunications company may use the revenues from emerging competitive services to subsidize fully competitive services or revenues from noncompetitive services to subsidize emerging competitive services or fully competitive services. Expenses and investment of fully competitive services may not be attributed to emerging competitive services or noncompetitive services and the expenses and investment of emerging competitive services may not be attributed to noncompetitive services.
Rates being charged by a telecommunications company on July 1, 1988, shall be deemed to be the fair, reasonable, and effective rates until changed or altered pursuant to this chapter.
Source:
SDC 1939, §52.1302; SL 1987, ch 345, §44; SL 1988, ch 375, §11; SL 1992, ch 328, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-4.1 - Hearings on price regulation--Petition--Adoption of price regulation for noncompetitive service.

49-31-4.1. Hearings on price regulation--Petition--Adoption of price regulation for noncompetitive service.
The commission shall, on its own motion or upon petition, hold public hearings investigating methods of price regulation consistent with §49-31-1.4 and chapter 1-26. Within thirty days of its receipt of a petition filed pursuant to this section, the commission shall issue a procedural schedule setting forth dates by which written direct testimony or data shall be filed and ordering the date for commencement of a hearing.
If the investigation indicates that pricing regulation is appropriate for any noncompetitive service because such regulation has a positive impact on universal service and is more reasonable and fair than rate of return regulation, the commission may adopt pricing regulation for any such noncompetitive service.
Source:
SL 1988, ch 375, §12; SL 1992, ch 328, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-4.2 - Uniform prices for intrastate interexchange telecommunications services--Volume discounts--Taxes.

49-31-4.2. Uniform prices for intrastate interexchange telecommunications services--Volume discounts--Taxes.
A telecommunications company providing intrastate interexchange telecommunications services shall charge uniform prices on all routes where it offers the services. However, notwithstanding this section and §49-31-11, a telecommunications company may offer or provide volume discounts and may pass through any state, municipal or local taxes in the specific geographic areas from which the taxes originate.
Source:
SL 1988, ch 375, §13; SL 1992, ch 328, §9.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-4.3 - Accounts of other businesses--Consideration by commission--Disallowance of unreasonable profits--Burden of proof.

49-31-4.3. Accounts of other businesses--Consideration by commission--Disallowance of unreasonable profits--Burden of proof.
Each telecommunications company engaged directly or indirectly in any business other than that of providing telecommunications service shall keep and, if requested by the commission, render separately to the commission, in like manner and form the relevant accounts of all such other businesses. The provisions of this chapter apply to the books, accounts, papers and records of relevant transactions with such other businesses. All profits and losses of such other business may be considered by the commission as are relevant to the general fiscal condition of the telecommunications company. The commission, in determining the allowance for materials or services to be included in costs of operations for rate of return or price regulation for noncompetitive services, may disallow any unreasonable profit made in the sale of materials to or service supplied for any telecommunications company by any firm or corporation owned or controlled directly or indirectly by such company or any affiliate, subsidiary, parent company, associate or any corporation whose controlling stockholders are also controlling stockholders of such telecommunications company. The burden of proof shall be on the telecommunications company to prove that no unreasonable profit is involved.
Source:
SL 1988, ch 375, §14.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-5 - Promulgation of rules for conduct of business.

49-31-5. Promulgation of rules for conduct of business.
The commission may regulate the business of providing telecommunication service and may promulgate rules pursuant to chapter 1-26 concerning:
(1)Requirements for telecommunications companies to maintain and make available to the public and the commission records and utility tariffs;
(2)Requirements for telecommunications companies to provide information to customers regarding credit, deposits, services, refunds and billing rights;
(3)Requirements that telecommunications companies must follow regarding procedures for billing customers;
(4)Procedures and requirements for handling billing disputes, service interruptions, payment plans and refunds;
(5)Standards and procedures for telecommunications companies to follow to ensure nondiscriminatory credit policies;
(6)Procedures, requirements and record-keeping guidelines regarding deposit policies;
(7)Procedures, requirements and record-keeping guidelines regarding customer refunds;
(8)Policies for telecommunications companies to follow regarding refusal of telephone service to the public;
(9)Policies for telecommunications companies to follow regarding disconnection of customer service;
(10)Registration procedures, service requirements, billing practices and maximum service charges for alternative operator services in South Dakota;
(11)Procedures and requirements for classification and reclassification proceedings;
(12)Standards, procedures and requirements regarding the telecommunications utility investigation fund;
(13)Application and notice procedures for the construction of telecommunications facilities; and
(14)Requirements for filing and noticing tariff changes.
Source:
SDC 1939, §52.0260; SL 1986, ch 22, §22; SL 1987, ch 345, §45; SL 1990, ch 371, §2; SL 1992, ch 328, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-5.1 - Telecommunications cooperatives, municipal telephone systems and independent telephone companies--Election to be regulated by commission.

49-31-5.1. Telecommunications cooperatives, municipal telephone systems and independent telephone companies--Election to be regulated by commission.
Telecommunications cooperatives organized pursuant to chapters 47-15 to 47-20, inclusive, municipal telephone systems operated pursuant to chapter 9-41, and independent telephone companies serving less than fifty thousand local exchange subscribers are not subject to chapter 49-11, §§49-31-1.1 to 49-31-1.4, inclusive, 49-31-3.1 to 49-31-4.1, inclusive, 49-31-4.3, 49-31-5, and 49-31-6, 49-31-12 to 49-31-12.5, inclusive, and 49-31-44 to 49-31-46, inclusive.
However, any cooperative, municipality, or independent telecommunications company may elect to have its rates regulated by the commission and be subject to commission regulation for its emerging and noncompetitive telecommunications services. The election to be regulated shall be made by filing with the commission a certified copy of the resolution of the board of directors or the municipal governing body. Commission regulation shall become effective thirty days after receipt of the resolution by the commission.
Source:
SL 1979, ch 314; SL 1980, ch 70, §2; SL 1982, ch 329, §2; SL 1987, ch 345, §46; SL 1988, ch 375, §27; SL 1992, ch 328, §11; SL 1998, ch 274, §19.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-5.2 - Independent telecommunications companies--Petition by subscribers for election to be regulated by commission.

49-31-5.2. Independent telecommunications companies--Petition by subscribers for election to be regulated by commission.
An independent telecommunications company may be brought under commission regulation if no fewer than five percent of the subscribers, or twenty-five subscribers, whichever is the greater, petition the commission to hold an election of all subscribers of the company to return the company to commission regulation.
Source:
SL 1982, ch 329, §3; SL 1992, ch 328, §12.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-5.3 - Independent telecommunications companies--Procedure for election by subscribers to be regulated by commission.

49-31-5.3. Independent telecommunications companies--Procedure for election by subscribers to be regulated by commission.
The ballot to be used in the election shall be approved by the independent telecommunications company and the commission. The commission shall mail ballots, at company cost, to the company's subscribers who shall return the ballots to the commission. The commission shall keep the ballots sealed until the date agreed upon by the commission and board of directors. On the date set, a commission representative and a representative of the company shall count the ballots. If a majority of the company's subscribers elect to become subject to regulation by the commission, the election shall be effective thirty days after the date the ballots are counted.
Source:
SL 1982, ch 329, §4; SL 1992, ch 328, §13.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-5.4 - Independent telecommunications companies--"Subscribers" defined.

49-31-5.4. Independent telecommunications companies--"Subscribers" defined.
The term "subscribers" as used in §§49-31-5.2 and 49-31-5.3 means either the person in whose name the telecommunications service is registered or the spouse of the person unless the independent telecommunications company has been notified in writing to the contrary.
Source:
SL 1982, ch 329, §5; SL 1992, ch 328, §14.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-6 - Valuation of company property.

49-31-6. Valuation of company property.
The commission may make a physical valuation of all the property of any telecommunications company, to be taken when such valuation is necessary for the purpose of arriving at any determination in connection with the regulation of its business or the adjustment of its rates.
Source:
SDC 1939, §52.0269; SL 1987, ch 345, §47.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-7 - Improvement of business and equipment--Notice to company from commission.

49-31-7. Improvement of business and equipment--Notice to company from commission.
In addition to the regulatory powers and duties provided by chapters 49-1 to 49-13, inclusive, and this chapter, the commission may conduct any investigations that are necessary to protect the public interest. The commission may order such changes or improvements in telecommunications facilities, exchanges or networks as necessary for the improvement of telecommunications service and the convenience of the public. If, in the judgment of the commission, any repair upon telecommunications facilities, a change in its rates, a change in the mode of operating telecommunications facilities or conducting telecommunications company business is necessary, reasonable and expedient in order to promote the safety, convenience and accommodation of the public, the commission shall notify the telecommunications company immediately, and such telecommunications company shall change the mode of operating its facilities or conducting its business, or repair, renew or replace such facilities in such manner, of such material and within such time as the commission may order.
Source:
SDC 1939, §§52.0202, 52.1318; SDCL, §§49-3-7, 49-3-8; SL 1979, ch 307, §§21, 22; SL 1987, ch 345, §48; SL 1992, ch 328, §15.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-7.1 - Powers and duties of commission.

49-31-7.1. Powers and duties of commission.
The commission may:
(1)Examine and inspect the condition of each telecommunications company in this state and of its equipment, and the manner of its conduct and management with reference to the safety, accommodation and convenience of the public;
(2)Require any telecommunications company doing business in this state to install any facility necessary for the safety, convenience and accommodation of the public;
(3)Inquire into the management of the business of all telecommunications companies subject to the provisions of this chapter, and the commission shall keep informed as to the manner and method in which the same is conducted, and may obtain from such telecommunications companies full and complete information necessary to enable it to perform the duties and carry out the objects for which it was created;
(4)Require annual reports and such special reports which, in the opinion of the commission, are necessary or proper for its information;
(5)Prescribe the forms of any and all accounts, records and memoranda to be kept by telecommunications companies;
(6)Inspect all accounts, records and memoranda kept by telecommunications companies and may employ special agents or examiners who have authority, under the order of the commission, to examine any and all accounts, records and memoranda kept by any telecommunications company engaged in interstate commerce;
(7)Examine any of the books, papers or documents of any such telecommunications company and to examine under oath or otherwise any officer, director, agent or employee of any such telecommunications company; and
(8)Issue subpoenas to compel the attendance and testimony of witnesses and the production of all books, papers, tariffs, schedules, contracts, agreements and documents relating to any matter under investigation, and to that end may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of books, papers and documents under the provisions of this section. The attendance of witnesses and the production of documents, books and papers may be required from any place in the state at any designated place of hearing.
Source:
SDC 1939, §§52.0202 to 52.0205, 52.0256, 52.0259; SDCL, §§49-3-6, 49-3-10, 49-3-11, 49-3-12, 49-3-13, 49-3-16, 49-3-17, 49-3-19, 49-3-20; SL 1987, ch 345, §49.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-7.2 - Liability for damages unaffected.

49-31-7.2. Liability for damages unaffected.
Nothing in §49-31-7.1 may be construed to relieve any telecommunications company from its present responsibility or liability for damages to any person or property.
Source:
SDC 1939, §52.0202; SDCL, §49-3-9; SL 1987, ch 345, §50.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-7.3 - Court order to testify or produce records--Violation as contempt.

49-31-7.3. Court order to testify or produce records--Violation as contempt.
Upon certificate by any member of the commission stating that a telecommunications company or person subject to the provisions of this chapter has refused to obey a subpoena, rule, order or regulation of the commission, any court of this state, pursuant to chapter 21-34, shall issue an order requiring such telecommunications company or other person to appear before the commission and produce all books and papers, give evidence in relation to the matter in question or otherwise comply with the rule or order of the commission. A failure to obey the order of the court shall be punished by the court as contempt.
Source:
SDC 1939, §52.0203; SDCL, §49-3-14; SL 1987, ch 345, §51; SL 1992, ch 328, §16.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-7.4 - Obstruction of commission--Civil fine.

49-31-7.4. Obstruction of commission--Civil fine.
No person may obstruct the commission or any member thereof in the performance of any of its duties or functions or refuse to give any information within its possession or to produce any record or evidence that may be required by the commission or member within the purview of its or his duties as such commission or member. Any person who violates this section may be punished by a civil fine not exceeding one thousand dollars.
Source:
SDC 1939, §§52.0203, 52.9901; SDCL, §49-3-15; SL 1983, ch 15, §96; SL 1983, ch 331, §7; SL 1987, ch 345, §52.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-10 - Delivery of messages to persons intended--Care required.

49-31-10. Delivery of messages to persons intended--Care required.
Any telecommunications provider in this state shall use great care and diligence in the transmission and delivery of telecommunications services and shall deliver telecommunications messages to the persons for whom they are intended.
Source:
SDC 1939, §§8.0701, 8.0702, 8.1102, 52.1314; SDCL, §§49-6-1, 49-6-2; SL 1983, ch 15, §112; SL 1987, ch 345, §53.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-11 - Discrimination prohibited--Civil fine.

49-31-11. Discrimination prohibited--Civil fine.
No person or telecommunications company may unjustly or unreasonably discriminate between persons in providing telecommunications services or in the rate or price charged for those services. No telecommunications company may offer a rate or charge, demand, collect or receive from any person a greater or lesser compensation for any telecommunications service offered than it charges, demands, collects or receives from any other person for providing a like telecommunications service. No telecommunications company may make or give any unjust or unreasonable preference or advantage to any person, nor unjustly or unreasonably prejudice or disadvantage any person, in the provision of any telecommunications service. Notwithstanding any prohibitions in this section, upon application to the commission, any telecommunications company may after investigation by the commission, be authorized by the commission to charge special rates or to give certain preferences which are determined by the commission to be fair and reasonable.
Nothing in this section applies to volume discounts or to the provision of telecommunications services at reduced rates for the United States, this state, local governments or governmental subdivisions.
Whoever violates any of the provisions of this section is guilty of unjust discrimination and shall be punished by a civil fine not less than one thousand nor more than five thousand dollars for each violation. Nothing in this section may alter or eliminate any remedy otherwise available to an injured party, including an injured party's right to initiate a suit against the company guilty of discrimination pursuant to §49-13-14.1.
Source:
SDC 1939, §§52.1317, 52.9925; SL 1983, ch 15, §113; SL 1983, ch 331, §10; SL 1987, ch 345, §54; SL 1988, ch 375, §15; SL 1992, ch 328, §36.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.