reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-1050. Interaction with federal agencies.

(a) As soon as practicable after April 23, 1970, and every year thereafter, the Office of Regulatory Staff shall submit an annual certification to the Secretary of the Department of Transportation as provided for in Section 5(a) of the Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481) [49 U.S.C. Section 1674(a)], as may be amended from time to time.
(b) In the event that a new or amended federal safety standard is adopted, the Office of Regulatory Staff shall submit an appropriate certification to comply with Section 5(d) of the Natural Gas Pipeline Safety Act of 1968 [P.L. 90-481, 49 U.S.C. Section 1674(d)].
(c) The Office of Regulatory Staff is further empowered to make and to provide certifications, reports, and information to the Secretary of the United States Department of Transportation or any other regulatory agency of the United States having jurisdiction over federal safety standards; to enter into agreements with the Secretary to carry out the purposes of this article; to enforce federal safety standards in the State in lieu of enforcement by the Department of Transportation as permitted by the Natural Gas Pipeline Safety Act of 1968, as may be amended from time to time; and to exercise regulatory jurisdiction over the safety of pipeline systems and the transportation of gas as permitted by the Natural Gas Pipeline Safety Act of 1968, as may be amended from time to time.
HISTORY: 1962 Code Section 58-145; 1970 (56) 2420; 2006 Act No. 318, Section 31, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-1060. Article inapplicable to liquefied petroleum gas.

Nothing in this article shall be applicable to the regulation of liquefied petroleum gas (LPG) to the extent that this subject is regulated by Sections 39-43-10 through 39-43-180 and the regulations issued pertinent thereto.
HISTORY: 1962 Code Section 58-146; 1970 (56) 2420.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-1070. Article inapplicable to anhydrous ammonia.

The provisions of this article shall not be applicable to the regulation of anhydrous ammonia to the extent that this subject is regulated by Sections 39-47-10 to 39-47-70 and the regulations issued thereunder.
HISTORY: 1962 Code Section 58-147; 1970 (56) 2420.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-1110. Definitions.

For purposes of this article:
(1) "Licensed health care provider" means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.
(2) "Special needs account customer" means the account of a residential customer:
(a) when the customer can furnish to the utility a certificate on a form provided by the utility and signed by a licensed health care provider that states that termination of natural gas service would be dangerous to the health of the customer or a member of his household at the premises to which natural gas service is rendered; or
(b) who suffers from Alzheimer's disease or dementia as certified by a licensed health care provider.
HISTORY: 2006 Act No. 313, Section 4, eff June 1, 2006; 2012 Act No. 122, Section 4, eff February 22, 2012.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-1120. Termination procedures; contents.

(A) Each public utility furnishing natural gas to residential customers must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. Each public utility furnishing natural gas to residential customers must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.
(B) The procedures for termination must include the following:
(1) notification procedures so that the customer is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;
(2) arrangements for a payment arrangement plan to enable a residential customer, who has a satisfactory payment history as determined by the public utility, to pay by installments where the customer is unable to pay the full amount due for electric service;
(3) a procedure to advise customers who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;
(4) a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and
(5) the standards for determining weather conditions marked by extremely cold or hot temperatures.
HISTORY: 2006 Act No. 313, Section 4, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-1130. Third-party notification program.

Each public utility furnishing natural gas must consider establishing and maintaining a third-party notification program to allow a residential customer to designate a third party to be notified if the natural gas service is scheduled for termination.
HISTORY: 2006 Act No. 313, Section 4, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-1140. Disconnection when public safety emergency exists.

Notwithstanding another provision of this article, a public utility furnishing natural gas may disconnect a customer when it is determined that a public safety emergency exists.
HISTORY: 2006 Act No. 313, Section 4, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-1150. Promulgation of regulations.

Nothing in the article prohibits the commission from promulgating detailed regulations governing termination of service by a public utility furnishing natural gas so long as the regulations include the termination and third-party notification protections provided by this article.
HISTORY: 2006 Act No. 313, Section 4, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-1160. Private right of action; new duty of care.

This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article.
HISTORY: 2006 Act No. 313, Section 4, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 7 - Special Provisions Affecting Gas, Water Or Pipeline Companies › Section 58-7-20. Rights, powers and privileges of telegraph and telephone companies conferred on water companies.

Subject to the same duties and liabilities, all the rights, powers, and privileges conferred upon telegraph and telephone companies under Chapter 2 of Title 28, including the power to condemn property, are granted to companies engaged in supplying water or sewerage services incorporated under the laws of this State or to companies incorporated under the laws of any other state upon complying with the laws of this State regulating foreign corporations and by becoming a domestic corporation.
HISTORY: 1962 Code Section 58-152.1; 1952 Code Section 58-152.1; 1942 Code Section 8540; 1932 Code Section 8540; Civ. C. '22 Section 5024; Civ. C. '12 Section 3326; 1904 (24) 489; 1951 (47) 785; 1990 Act No. 588, Section 1, eff June 11, 1990.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 7 - Special Provisions Affecting Gas, Water Or Pipeline Companies › Section 58-7-25. Right to repurchase unused condemned property.

(A) If the property, or any portion of it, condemned by a corporation engaged in the business of supplying sewerage service, pursuant to the provisions of this chapter, is not used for the purpose for which it was condemned within a five-year period from the date it was condemned, the former owner has the right to repurchase the property from the corporation upon payment of the original purchase price.
(B) Unless the former owner exercises his right to repurchase this property within a period of one year from the expiration of the five-year period as provided in subsection (A), the right to repurchase ceases when the corporation gives the former owner ninety days' notice that the right will expire at the end of the ninety-day period.
HISTORY: 1990 Act No. 588, Section 2, eff June 11, 1990.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 7 - Special Provisions Affecting Gas, Water Or Pipeline Companies › Section 58-7-30. Water companies may condemn land for waterworks.

(A) Any corporation engaged in the business of supplying water or sewerage services in this State or which may intend to engage in the business of supplying water or sewerage services has the same rights and powers of condemnation as are conferred upon municipal corporations pursuant to the provisions of Sections 5-31-420, 5-31-430, and 5-31-440.
(B) Before a corporation engaged in supplying sewer services as authorized under the provisions of this section exercises the right of condemnation, the governing body of the county in which the condemnation will occur must adopt an ordinance granting the corporation the authority to condemn property necessary to provide sewer services.
HISTORY: 1962 Code Section 58-152; 1952 Code Section 58-152; 1942 Code Section 7303; 1932 Code Section 7303; Civ. C. '22 Section 4451; Civ. C. '12 Section 3028; 1905 (24) 867; 1951 (47) 785; 1990 Act No. 588, Section 1, eff June 11, 1990.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 7 - Special Provisions Affecting Gas, Water Or Pipeline Companies › Section 58-7-40. Water companies may contract with municipalities or public service districts to collect charges for sewage disposal and to disconnect water service for nonpayment of sewer charges.

All private corporations, subject to the jurisdiction of the South Carolina Public Service Commission, engaged in the business of providing water service and selling and distributing water for domestic, commercial or industrial purposes may, if the approval of the South Carolina Public Service Commission is obtained, enter into contracts with any incorporated municipality or any special purpose district upon terms and conditions to be mutually agreed upon (including an agreement by the municipality or public service district to hold the private corporation harmless for any error by the municipality or public service district regarding the payment or nonpayment of sewer charges) by which the municipalities or special purpose districts shall (a) constitute the corporation the agent of the municipalities or special purpose districts, for the purpose of collecting such charges as the municipalities or special purpose districts shall from time to time impose upon those who utilize its sewage disposal facilities; and/or (b) empower the corporation as the agent of the municipalities or special purpose districts to disconnect water service upon failure of any user to pay sewer charges.
HISTORY: 1962 Code Section 58-152.2; 1965 (54) 683.
Editor's Note
Section 1 of 1965 Act No 381 (1965 (54) 683), contains legislative findings relative to this section, and provides:
"The General Assembly finds that in certain areas in South Carolina domestic, commercial and industrial water service is supplied by private corporations under the jurisdiction of the South Carolina Public Service Commission. Frequently incorporated municipalities and special purpose districts are located within the same areas. Such municipalities and special purpose districts are empowered to impose sewer service charges but have no ready means of collecting the charges inasmuch as they do not render water service. Such municipalities and special purpose districts have the power to enter into contracts with private corporations to collect such sewer service charge but there is no corresponding statutory authority permitting the private corporation to act for such municipalities and special purpose districts to collect such sewer service charge or to suspend water service in the event that the bill for sewer service is not paid, whether the sewer bill is rendered separately or is combined with the water bill into a single bill."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 7 - Special Provisions Affecting Gas, Water Or Pipeline Companies › Section 58-7-50. Lease of property of gas company.

Except as prohibited in section 7, article 9 of the Constitution of 1895, any gas company organized under the laws of this State may lease its property and franchises to any other gas company, upon such terms as may be agreed upon by a majority of the stockholders at a special meeting held after thirty days' advertisement thereof.
HISTORY: 1962 Code Section 58-153; 1952 Code Section 58-153; 1942 Code Section 8187; 1932 Code Section 8187; Civ. C. '22 Section 4367; Civ. C. '12 Section 2881; 1908 (25) 1090.
Editor's Note
Section 7, Article 9 of the Constitution of 1895, referred to in this Code section, no longer appears in the Constitution following the revision and rewriting of that article by amendment ratified by 1971 Act No. 64 (1971 (57) 47). Prior to the amendment that section read as follows:
"No railroad, or other transportation company, and no telegraph or other transmitting corporation, or the lessees, purchasers or managers of any such corporation, shall consolidate the stock, property or franchises of such corporation with, or lease or purchase the works or franchises of, or in any way control, any other railroad or other transportation, telegraph or other transmitting company owning or having under its control a parallel or competing line; and the question whether railroads or other transportation, telegraph or other transmitting companies are parallel or competing lines shall, when demanded by the party complainant, be decided by a jury as in other civil causes."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-20. Companies subject to Articles 1 through 13 of this chapter even before commencing operations.

Corporations formed to acquire property or to transact business which would be subject to the provisions of Articles 1 through 13 of this chapter and corporations possessing franchises, powers or privileges for any of the purposes contemplated by Articles 1 through 13 of this chapter shall be deemed to be subject to the provisions of Articles 1 through 13 of this chapter, although no property may have been acquired, business transacted or franchises, powers or privileges exercised.
HISTORY: 1962 Code Section 58-354; 1952 Code Section 58-354; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-30. Municipal rights, powers and privileges under Constitution not impaired.

Nothing contained in Articles 1 through 13 of this chapter shall be so construed as to modify, abridge, or impair any of the rights or powers granted to cities and towns under any provision of the Constitution of this State and every right, power or privilege conferred upon any city or town by the Constitution of this State otherwise appearing to be modified, abridged or impaired by any provision of Articles 1 through 13 of this chapter is to be deemed excepted from the operation thereof.
HISTORY: 1962 Code Section 58-355; 1952 Code Section 58-355; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-40. Municipal police regulations and ordinances not affected.

Nothing contained in Articles 1 through 13 of this chapter shall be so construed as to limit or restrict the right of cities and towns to adopt and enforce reasonable police regulations and ordinances affecting telephone utilities, not inconsistent with the provisions of Articles 1 through 13 of this chapter, in the interest of public safety, morals, convenience, health and good order.
HISTORY: 1962 Code Section 58-356; 1952 Code Section 58-356; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-50. Articles 1 through 13 of this chapter not applicable to interstate commerce.

No provision of Articles 1 through 13 of this chapter shall apply or be construed to apply to commerce among the several states of the United States, except in so far as such application may be permitted under the provisions of the Constitution of the United States and the acts of Congress.
HISTORY: 1962 Code Section 58-357; 1952 Code Section 58-357; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-200. Definitions.

As used in Sections 58-9-295 and 58-9-297:
(1) "Communications service provider" means:
(a) a telephone utility as defined in Section 58-9-10(6);
(b) a government-owned telecommunications service provider as defined in Section 58-9-2610(1);
(c) a telephone cooperative as defined in Section 33-46-20(4);
(d) a person or entity providing telephone, voice over internet protocol, similar voice service, or any other voice replacement service, data service, video service, or any information service; or
(e) an entity using or allowing another entity to use its cable, wires, fiber, or any material, facilities, or equipment that have the ability to carry voice, data, video, or any other information transmissions.
"Communications service provider" does not mean a radio common carrier as defined in Section 58-11-10(f).
(2) "Communications service" means:
(a) telephone service, including without limitation basic local exchange telephone service as defined in Section 58-9-10(9);
(b) voice over internet protocol, or similar voice or voice replacement service;
(c) data service;
(d) video service; or
(e) any information service.
HISTORY: 2005 Act No. 134, Section 1, eff 45 days after approval (approved June 7, 2005).
Editor's Note
2005 Act No. 134, Section 4, provides as follows:
"If, as result of federal law, a finding of a federal administrative agency or a decision of a federal or state court of competent jurisdiction, this act is deemed to be inapplicable to any person, entity, or class of provider that otherwise meets the definition of a communications service provider in Section 58-9-200, this act shall become void and unenforceable as to all communications service providers."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-210. Rates shall be just and reasonable.

Every rate made, demanded or received by any telephone utility or by any two or more telephone utilities jointly shall be just and reasonable.
HISTORY: 1962 Code Section 58-371; 1952 Code Section 58-371; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-230. Adherence to schedules.

(A) No telephone utility may directly or indirectly, by any device whatsoever or in any way, charge, demand, collect, or receive from any person or corporation a greater or less compensation for any service rendered or supplied, or to be rendered or supplied, by the telephone utility, than that prescribed in the schedules of the telephone utility applicable thereto then filed in the manner provided in Articles 1 through 13 of this chapter, nor may any person or corporation receive or accept any service from a telephone utility for a compensation greater or less than that prescribed in the schedules.
(B) Local exchange company centrex-type services or billing and collection services, or both, may be offered to subscribers without the schedules related thereto being filed as provided in subsection (A), if the Commission, after hearing, first determines that such services are subject to competition in the relevant product and geographic markets. The Commission shall retain regulatory authority, however, over the rates, revenues, investments, expenses, and quality of the services so offered.
(C) The charges for services offered by the utility pursuant to subsection (B) must, in every instance, be provided at a level above the cost of the service as determined by the commission. The regulatory staff shall have access to such data to ensure compliance with this section. The cost data is not subject to disclosure to the public. However, upon the application of any interested party and for good cause shown, the commission may enter an appropriate order which directs the manner in which the proprietary cost data provided to the regulatory staff may be made available to such interested party.
(D) When a local exchange company proposes to offer a service pursuant to subsections (B) and (C), the Commission shall first determine:
(1) whether monopoly elements are offered as part of the centrex-type service; and
(2) if the Commission finds the existence of a monopoly element, then it must decide whether or not that monopoly element should be unbundled from the detariffed service. If they find that the monopoly element should be unbundled, then only the competitive elements of that service may be detariffed.
(3) This section does not amend or repeal the provisions of Section 58-9-250.
HISTORY: 1962 Code Section 58-373; 1952 Code Section 58-373; 1950 (46) 2466; 1988 Act No. 537, eff May 17, 1988; 2006 Act No. 318, Section 33, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-240. Permitted free or reduced rates.

Nothing herein contained shall prevent any telephone utility from granting free or reduced rate service to its officers, agents, employees, attorneys, physicians or surgeons, nor to prevent any telephone utility from granting free or reduced rate service to the State of South Carolina or any municipality therein or department thereof or to charitable and eleemosynary institutions and persons engaged in charitable and eleemosynary work, nor to prevent any telephone utility from granting free or reduced rate service with the object and for the purpose of providing relief in times and cases of flood, general epidemic, pestilence or other calamitous visitation, nor any such other instance when the Commission may deem that such service is not contrary to the public interest; provided, that such free or reduced rate service shall be granted in accordance with tariffs filed by such telephone utility with the Commission and which shall be subject to regulation and revision by the Commission in the same manner as other rates of telephone utilities. The terms "officers" and "employees" as used in this section shall include furloughed, pensioned and superannuated officers and employees of any such utility.
HISTORY: 1962 Code Section 58-374; 1952 Code Section 58-374; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-250. Unreasonable preferences and differences in rates or service shall not be made; reasonable classifications may be established.

No telephone utility shall, as to rates or services, make or grant any unreasonable preference or advantage to any person or corporation or subject any person or corporation to any unreasonable prejudice or disadvantage. No telephone utility shall establish or maintain any unreasonable difference as to rates or service, either as between localities or as between classes of service. Subject to the approval of the Commission, however, telephone utilities may establish classifications of rates and services and such classifications may take into account the conditions and circumstances surrounding the service, such as the time when used, the purpose for which used, the demand upon plant facilities, the value of the service rendered or any other reasonable consideration. The Commission may determine any question arising under this section.
HISTORY: 1962 Code Section 58-375; 1952 Code Section 58-375; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-260. Facilities and equipment shall be maintained in adequate manner.

Every telephone utility shall provide and maintain facilities and equipment to furnish reasonably adequate and efficient telephone service to its customers in this State.
HISTORY: 1962 Code Section 58-376; 1952 Code Section 58-376; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-270. Extensions of existing facilities.

When ordered by the commission after notice to other interested telephone utilities and the public and due hearing any telephone utility may be required to establish, construct, maintain, and operate any reasonable extension of its existing facilities. If any such extension, however, by any telephone utility of its existing facilities will interfere with the service or system of any other telephone utility, the commission may on petition and after hearing either order the discontinuance of such extension or prescribe such terms and conditions with respect thereto as may be just and reasonable.
HISTORY: 1962 Code Section 58-377; 1952 Code Section 58-377; 1950 (46) 2466; 2006 Act No. 318, Section 34, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-290. Interchange of service.

Telephone utilities may contract with each other for the connection of their respective lines or systems and for the interchange through such connections of public telephone and communications service and for other proper purposes. A copy of every such contract shall be filed with the commission and provided to the Office of Regulatory Staff. Such contract shall remain in effect in accordance with its terms unless the commission, after notice and hearing, shall find that such contract is contrary to the public interest and shall disapprove it.
HISTORY: 1962 Code Section 58-379; 1952 Code Section 58-379; 1950 (46) 2466; 2006 Act No. 318, Section 36, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-295. Agreements limiting other communications providers from access to rights-of-way prohibited; penalties.

(A) No communications service provider or a parent company, subsidiary, or affiliate of a communications service provider shall enter into any contract, agreement, or arrangement, oral or written, with a person or entity that:
(1) requires a person or entity to restrict or limit the ability of any other communications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide communications services in this State or otherwise deny or restrict access to the real property by any other communications service provider; or
(2) offers or grants incentives or rewards to an owner of real property or the owner's agent that are contingent upon restricting or limiting the ability of any other communications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide communications services in this State or otherwise denying or restricting access to the real property by any other communications service provider.
(B)(1) Nothing in this section prohibits a communications service provider and a user or prospective user of communications service from entering into an agreement with respect to the user or prospective user's own communications service.
(2) Nothing in this section prohibits an owner of real property or the owner's agent from entering into agreements with one or more communications service providers for the purpose of marketing a communications service to the owner of real property or to the tenants of real property, so long as such agreements are not in violation of subsection (A).
(3) This section does not affect a franchise agreement or other agreement with a municipality concerning the use of public streets, public rights-of-way, or other public property.
(C) All contracts, agreements, or arrangements in violation of subsection (A) made on or after the effective date of this section are void and unenforceable.
(D) A communications service provider who violates the provisions of this section is subject to a monetary penalty as provided in Section 58-9-1610. Each day that a contract, agreement, or arrangement prohibited by this section remains in force or effect shall constitute a separate violation as provided in Section 58-9-1620.
HISTORY: 2005 Act No. 134, Section 2, eff 45 days after approval (approved June 7, 2005).
Editor's Note
2005 Act No. 134, Section 4, provides as follows:
"If, as result of federal law, a finding of a federal administrative agency or a decision of a federal or state court of competent jurisdiction, this act is deemed to be inapplicable to any person, entity, or class of provider that otherwise meets the definition of a communications service provider in Section 58-9-200, this act shall become void and unenforceable as to all communications service providers."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-297. Relief from obligation to provide communications services.

(A) No other communications service provider, including without limitation a carrier of last resort as defined in Section 58-9-10(10), shall be obligated to provide any communications service to the occupants of the property described herein if an owner or developer of any multi-tenant business or residential property, including without limitation apartments, condominiums, subdivisions, office buildings, or office parks:
(1) permits only one communications service provider to install its facilities or equipment during the construction phase of the property;
(2) accepts or agrees to accept incentives or rewards from a communications service provider to the owner, developer, or occupants of the property that are contingent upon the provision of communications service by that communications service provider to the exclusion of other providers of communications service;
(3) collects from the occupants of the property charges for the provision of communications service to the occupants in any manner, including without limitation through rent, fees, or dues; or
(4) enters into an agreement with a communications service provider that is in violation of Section 58-9-295.
(B) If any communications service provider is relieved of an obligation to provide communications service to occupants of property pursuant to subsection (A), the communications service provider may voluntarily provide communications services to the occupants of that property, and the public service commission must not impose any requirements related to the terms, conditions, rates, or availability of this service.
HISTORY: 2005 Act No. 134, Section 3, eff 45 days after approval (approved June 7, 2005).
Editor's Note
2005 Act No. 134, Section 4, provides as follows:
"If, as result of federal law, a finding of a federal administrative agency or a decision of a federal or state court of competent jurisdiction, this act is deemed to be inapplicable to any person, entity, or class of provider that otherwise meets the definition of a communications service provider in Section 58-9-200, this act shall become void and unenforceable as to all communications service providers."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-300. Abandonment of service.

No telephone utility shall abandon all or any portion of its service to the public, except for ordinary discontinuance of service for nonpayment of a lawful charge or for violation of rules and regulations approved by the commission, unless written application is first made to the commission for the issuance of a certificate authorizing such abandonment, nor until the commission in its discretion issues such certificate. Any application must also be served on the Office of Regulatory Staff at the same time it is filed with the commission.
HISTORY: 1962 Code Section 58-380; 1952 Code Section 58-380; 1950 (46) 2466; 2006 Act No. 318, Section 37, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-310. Sale or other disposition of property, powers, franchises or privileges.

No telephone utility, without the approval of the Commission after due hearing and compliance with all other existing requirements of the laws of the State in relation thereto, may sell, transfer, lease, consolidate, or merge its property, powers, franchises, or privileges or any of them; provided, however, that a telephone cooperative association may acquire or incorporate a subsidiary corporation or a subsidiary cooperative association without the approval of the Commission.
HISTORY: 1962 Code Section 58-381; 1952 Code Section 58-381; 1950 (46) 2466; 1983 Act No. 67 Section 3, eff May 26, 1983.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-320. Transactions with affiliates.

When in the judgment of the commission there is a reasonably substantial affiliation of any telephone utility engaged in business in this State with any other corporation or person or when in the judgment of the commission any other corporation or person either exercises, or is in position to exercise, by reason of ownership or control of securities or for any other cause, any reasonably substantial control over the business or policies of any telephone utility engaged in business in this State, the burden of proof shall be upon the telephone utility to establish as determined by the commission the reasonableness, fairness, and absence of injurious effect upon the public interest of any fees or charges growing out of any transactions between any telephone utility and such other corporation or person. Every telephone utility shall be required to produce, if so ordered by the commission, for the information of the commission, the Office of Regulatory Staff, and the public, all such contracts, papers, and documents relating thereto and explanatory thereof as may be required by the commission, and unless the reasonableness, fairness, and absence of injurious effect upon the public interest of such fees and charges are established as determined by the commission, they shall not be allowed by the commission for rate-making purposes. The commission shall not allow for rate-making purposes any fees or expenses included in any contract or agreement with an affiliate representing charges that the commission has directly disallowed in its rate-making orders.
HISTORY: 1962 Code Section 58-382; 1952 Code Section 58-382; 1950 (46) 2466; 1983 Act No. 67 Section 4, eff May 26, 1983; 1983 Act No. 138 Section 15, eff June 15, 1983; 2006 Act No. 318, Section 38, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-330. Participation in profits from efficiency.

For the purpose of encouraging economy, efficiency and improvements in methods of service any telephone utility may participate, subject to the approval of the Commission, to such extent as may be permitted by the Commission, in the additional profits arising from any economy, efficiency or improvement in methods or service instituted by such telephone utility.
HISTORY: 1962 Code Section 58-383; 1952 Code Section 58-383; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-340. System of accounts.

The Office of Regulatory Staff may, in its discretion, and subject to approval of the commission, prescribe systems of accounts to be kept by telephone utilities subject to the commission's jurisdiction and the Office of Regulatory Staff may prescribe the manner in which the accounts shall be kept and may require every telephone utility to keep its books, papers, and records accurately and faithfully according to the system of accounts as prescribed by the Office of Regulatory Staff. But nothing in this section shall be construed to be in conflict with or in violation of the provisions of the Communications Act of Congress of 1934, as amended (U. S. C. A. Title 47, Sections 151 through 609), nor shall anything herein be construed to be in conflict with any lawful order of the Federal Communications Commission issued pursuant to the authority vested in it by said act of Congress.
HISTORY: 1962 Code Section 58-384; 1952 Code Section 58-384; 1950 (46) 2466; 2006 Act No. 318, Section 39, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-350. Depreciation and retirement charges.

Every telephone utility shall have the right, and may be so required, to charge annually as an operating expense a reasonable sum for depreciation and credit it to a reserve account for such purpose. Such reserve account shall be charged with plant retirements. But if the reserve thus created shall at any time in the judgment of the Commission be excessive, the Commission after due hearing shall make such order as will result in credits to such reserve thereafter conforming to actual facts and conditions as ascertained by the Commission.
The Commission may control or limit such depreciation reserve.
Nothing in this section shall be construed to be in conflict with or in violation of the provisions of the Communications Act of Congress of 1934, as amended (U. S. C. A. Title 47, Sections 151 through 609), nor shall anything herein be construed to be in conflict with any lawful order of the Federal Communications Commission issued pursuant to the authority vested in it by said act of Congress.
HISTORY: 1962 Code Section 58-385; 1952 Code Section 58-385; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-360. Restrictions on capitalization for rate-making purposes.

No telephone utility shall for rate-making purposes, capitalize its franchises, rights, powers or privileges or its right to own and operate or enjoy any such franchise, rights, powers or privileges in excess of the amount paid to the State or to any political subdivision of the State as the consideration for the grant thereof or capitalize any lease or contract of sale for consolidation or merger of two or more telephone utilities; nor shall the Commission permit any such capitalization by a telephone utility nor shall any telephone utility issue by way of substitution any capital stock, trust certificates, bonds, notes or other evidences of indebtedness or other securities for any consolidated or merged company exceeding the aggregate value of the properties so consolidated or merged and any additional sum of money actually contributed in cash and additional property or labor actually contributed. The determination of such consideration or value as aforesaid shall be subject to the approval of the Commission.
HISTORY: 1962 Code Section 58-386; 1952 Code Section 58-386; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-370. Annual and special reports.

(A) Subject to approval of the commission, the Office of Regulatory Staff may require any telephone utility to file annual reports in such form and of such content as the Office of Regulatory Staff may require and special reports concerning any matter about which the Office of Regulatory Staff is authorized to inquire or to keep itself informed or which it is required to enforce. All reports shall be under oath when required by the Office of Regulatory Staff.
(B) A copy of all reports filed with the commission also must be provided to the Office of Regulatory Staff.
HISTORY: 1962 Code Section 58-387; 1952 Code Section 58-387; 1950 (46) 2466; 2006 Act No. 318, Section 40, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-380. Office in State.

Each telephone utility shall have an office in one of the counties of this State in which its property or some part thereof is located and shall keep in such office all such books, accounts, papers, and records as shall reasonably be required by the Office of Regulatory Staff to be kept within the State. No books, accounts, papers, or records required by the Office of Regulatory Staff to be kept within the State shall be removed at any time from the State except upon such conditions as may be prescribed by the Office of Regulatory Staff.
HISTORY: 1962 Code Section 58-388; 1952 Code Section 58-388; 1950 (46) 2466; 2006 Act No. 318, Section 41, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-390. Compliance with rules and regulations.

Each telephone utility shall obey and comply with each and every requirement of every order, decision, direction, rule, or regulation made or prescribed by the commission and every direction, rule, or regulation made or prescribed by the Office of Regulatory Staff in the performance of its duties under Articles 1 through 13 of this chapter, or in relation to any other matter in any way relating to or affecting the business of such telephone utility and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule, or regulation by all of its officers, agents, and employees.
HISTORY: 1962 Code Section 58-389; 1952 Code Section 58-389; 1950 (46) 2466; 2006 Act No. 318, Section 42, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-510. Changes in phone rates.

Whenever the commission after a hearing finds that the existing rates in effect and collected by any telephone utility for any service are unjust, unreasonable, insufficient, unreasonably discriminatory, or in any way in violation of any provision of law, the commission shall determine the just, reasonable, and sufficient rates to be thereafter observed and in force and shall fix them by its order.
HISTORY: 1962 Code Section 58-401; 1952 Code Section 58-401; 1950 (46) 2466; 2006 Act No. 318, Section 43, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-520. Change in telephone rates initiated by utility; notice.

Whenever a telephone utility desires to put into operation a new rate or tariff which affects the telephone utility's general body of subscribers, the telephone utility shall give the commission and the Office of Regulatory Staff not less than thirty days' notice of its intention to file and shall, after the expiration of the notice period, then file with the commission and provide to the Office of Regulatory Staff a schedule setting forth the proposed changes; provided, however, a hearing shall not be required when the proposed rate or tariff is a proposal to institute or modify an offering or regulation that is not part of a general rate case and does not affect the telephone utility's general body of subscribers. Subject to the provisions of subsections (B) and (C) of Section 58-9-540, the proposed changes must not be put into effect in full or in part until approved by the commission.
HISTORY: 1962 Code Section 58-402; 1952 Code Section 58-402; 1950 (46) 2466; 1983 Act No. 138 Section 2, eff June 15, 1983; 2006 Act No. 318, Section 44, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-530. Dispensing with thirty days' notice of rate change.

The Commission, for good cause shown, may allow changes in rates without requiring the thirty days' notice under such conditions as it may prescribe, except that when changes in general schedules of rates and charges are involved, before they may become effective, notice to the public of such proposed changes shall be given by publication thereof once a week for two consecutive weeks in newspapers of general circulation in the territory involved and a hearing held thereon. All such changes shall be immediately indicated upon its schedules by such telephone utility.
HISTORY: 1962 Code Section 58-403; 1952 Code Section 58-403; 1950 (46) 2466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-570. Factors which Commission shall consider in determining rates.

In determining just, reasonable and sufficient rates the Commission shall give due consideration to the telephone utility's property devoted to the public service; the revenues received for the service; the reasonable operating expenses and other costs necessary to provide the service; the total earnings required for the proper discharge of the telephone utility's public duty; the capitalization of the telephone utility and the net income required on its net worth; and such other matters, circumstances and conditions as the Commission may find necessary. But the rates so fixed shall not be higher than necessary to give a fair return to the stockholders.
HISTORY: 1962 Code Section 58-407; 1952 Code Section 58-407; 1950 (46) 2466.