reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1850. Free delivery of messages in certain cities.

Any electric telegraph company operating within this State shall deliver messages within the limits of any city in this State which had a population of more than thirty thousand on March 4, 1921 free of delivery charges and without additional cost to the consignees of such messages, notwithstanding any rules or regulations then in force by any of such companies. Any company requiring or collecting a delivery charge in violation of any of the provisions of this section shall be subject to a penalty of at least three hundred dollars upon conviction thereof, one half of which shall be paid to the person aggrieved and the other half into the general school fund of the county in which such city is located.
HISTORY: 1962 Code Section 58-256; 1952 Code Section 58-256; 1942 Code Sections 8550, 8551; 1932 Code Sections 8550, 8551; Civ C. '22 Sections 5033, 5034; 1921 (32) 209.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-1860. Liability for negligence causing mental anguish or suffering.

All telegraph companies doing business in this State shall be liable in damages for mental anguish or suffering, even in the absence of bodily injury, for negligence in receiving, transmitting or delivering messages, without regard to relationship by blood or marriage or whether such messages afforded notice of such relationship or otherwise or that injury or damage would result if such anguish or suffering resulted as a matter of fact. In all actions under this section the jury may award such damages as they conclude resulted from negligence, wantonness, wilfulness or recklessness of the telegraph companies. And when a telegram shows on its face that it relates to sickness or death, the real party for whose benefit the telegram was sent and who suffered mental anguish by reason of the negligence or wilfulness of the telegraph company may recover damages as herein provided without being required to allege or prove that the telegraph company had notice or knowledge at the time the message was sent of his relation to it or of the extent or scope of his damage.
Nothing contained in this section shall abridge their rights or remedies otherwise provided by law against telegraph companies and the rights and remedies provided by this section shall be in addition to those otherwise existing.
HISTORY: 1962 Code Section 58-255; 1952 Code Section 58-255; 1942 Code Section 8553; 1932 Code Section 8553; Civ. C. '22 Section 5036; Civ. C. '12 Section 3330; Civ. C. '02 Section 2223; 1901 (23) 748; 1909 (26) 84; 1911 (27) 226.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2010. Telephone and telegraph wires shall be erected and maintained so as to protect persons and property.

No telegraph or telephone wire shall be erected or maintained within fifty yards of any public road or highway in this State unless it shall be so constructed, erected and maintained and provided with sufficient lightning guards and arresters as may be necessary for the protection of persons and property. Any person erecting or maintaining any such wire in violation of the provisions hereof shall forfeit and pay as a penalty therefor five dollars a day for each day such default continues after he shall have been given thirty days' written notice specifying the fault or defect in the manner of erection, construction or maintenance thereof, to be recovered at the suit of any citizen of any county in which such violation occurs. The sum so recovered, after paying therefrom all the expenses incurred in the prosecution of such suit, shall be paid into the county treasury for ordinary county purposes.
HISTORY: 1962 Code Section 58-7; 1952 Code Section 58-7; 1942 Code Section 8531; 1932 Code Section 8531; Civ. C. '22 Section 5015; Civ. C. '12 Section 3317; Civ. C. '02 Section 2211; 1899 (23) 61; 1904 (24) 490.
Editor's Note
2006 Act No. 318, Section 234 , provides as follows:
"Nothing in this act shall be deemed to repeal or modify any prior act of the General Assembly that removes or modifies the regulation of any service provided by any telephone utility."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2020. Authorization to construct, maintain and operate lines in State.

Any telegraph or telephone company incorporated under the laws of this State and any such company incorporated under the laws of any other state, upon complying with the laws of this State regulating the doing of business in this State by foreign corporations and by becoming a domestic corporation, may construct, maintain and operate its line through, upon, over and under any of the public lands of this State, under, over, along and upon any of the highways or public roads of the State, over, through or under any of the waters of this State, on, over and under the lands of any person in this State and along, upon and over the right of way of any railroad or railway company in this State; provided, that such line is constructed so as not to endanger the safety of persons or to interfere with the use of such highways or public roads, the navigation of such waters or the operation and running of the engines and cars of such railroads or railways and that just compensation is first paid such landowners and railroad or railway companies for such right and privilege, to be ascertained in the manner herein provided. Any person erecting or maintaining any such wire in violation of the provisions hereof shall forfeit and pay as a penalty therefor the sum of five dollars per day for each day such default continues after he shall have been given thirty days' written notice specifying the default or defect in the manner of erection, construction or maintenance thereof, to be recovered at the suit of any citizen of any county in which such violation occurs. The sum so recovered, after paying therefrom all the expenses incurred in the prosecution of such suit, shall be paid into the county treasury for ordinary county purposes.
HISTORY: 1962 Code Section 58-301; 1952 Code Section 58-301; 1942 Code Section 8531; 1932 Code Section 8531; Civ. C. '22 Section 5015; Civ. C. '12 Section 3317; Civ. C. '02 Section 2211; 1899 (23) 61; 1904 (24) 490.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2030. Condemnation powers generally.

Whenever any telegraph or telephone company desires to construct its lines on, over, or under the lands of any person, including a railroad or railway, and fails to agree with the owner of the lands upon the compensation to be paid as damages for the right and use, the company may secure the right and privilege by condemnation actions against the condemnees; provided, however, in condemning railroad or railway property, the telegraph or telephone company agrees to remove at its own expense, any of its poles, wires, structures, or appurtenances if at any time their existence interferes with the right of the defendant railroad or railway company to construct additional tracks, switches, crossings, warehouses, depots, turntables, water tanks, or any other structures for the use of such railroad or railway company upon reasonable notice given it, at its expense, to such other points or places upon such right-of-way as may be agreed by such companies and agreeing not to interfere or come in contact with any other telegraph or telephone lines already constructed on such right-of-way.
HISTORY: 1962 Code Section 58-302; 1952 Code Section 58-302; 1942 Code Section 8532; 1932 Code Section 8532; Civ. C. '22 Section 5016; Civ. C. '12 Section 3318; Civ. C. '02 Section 2212; 1899 (23) 61; 1987 Act No. 173 Section 45, eff nine months from approval by Governor (approved by Governor on June 30, 1987).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2150. Delivery of messages between points in this State.

Any message delivered to a telegraph or telephone company within this State for transmission to any other point within this State shall be as a matter of fact, and regarded as a matter of law, as and for an intrastate transaction and shall be transmitted by such company by the most direct and practical route within this State. Any violation of the provisions of this section by any such corporation shall be subject to a penalty of five hundred dollars for each violation, to be recovered by the party aggrieved and shall forfeit the right of such corporation to do business in the State.
HISTORY: 1962 Code Section 58-314; 1952 Code Section 58-314; 1942 Code Sections 8545, 8546; 1932 Code Sections 8545, 8546; Civ. C. '22 Sections 5028, 5029; 1919 (31) 651.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2160. Action for damages for failure to deliver message between points in this State.

Nothing herein contained shall bar any action for actual or punitive damages growing out of any violations of the provisions of Section 58-9-2150 and any such cause of action may be united in the same complaint as an action for the recovery of the penalty provided in said section.
HISTORY: 1962 Code Section 58-315; 1952 Code Section 58-315; 1942 Code Section 8547; 1932 Code Section 8547; Civ. C. '22 Section 5030; 1919 (31) 651.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2210. Cable service franchise agreement authority.

Nothing in this article shall limit a municipality's authority to enter into and charge for franchise agreements with respect to cable services as governed by 47 U.S.C. Section 542.
HISTORY: 1999 Act No. 112, Section 1, eff June 30, 1999.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2220. Retail telecommunications services business license taxes; maximum rates.

Notwithstanding any provision of law to the contrary:
(1) A business license tax levied by a municipality upon retail telecommunications services for the years 1999 through the year 2003 shall not exceed three-tenths of one percent of the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. The business license tax levied by a municipality upon retail telecommunications services for the year 2004 and every year thereafter shall not exceed the business license tax rate as established in Section 58-9-2220(2). For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.
(2) The maximum business license tax that may be levied by a municipality on the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality for a business license tax year beginning after 2003 is one percent of gross income derived from the sale of retail telecommunication services.
(3) A business license tax levied by a municipality upon the retail telecommunications services provided by a telecommunications company must be levied in a competitively neutral and nondiscriminatory manner upon all providers of retail telecommunications services.
(4) The measurement of the amounts derived from the retail sale of telecommunications services does not include:
(a) an excise tax, sales tax, or similar tax, fee, or assessment levied by the United States or any state or local government including, but not limited to, emergency telephone surcharges, upon the purchase, sale, use, or consumption of a telecommunications service, which is permitted or required to be added to the purchase price of the service; and
(b) bad debts.
(5) A business license tax levied by a municipality upon a telecommunications company must be reported and remitted on an annual basis. The municipality may inspect the records of the telecommunications company as they relate to payments under this article.
(6) The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality.
HISTORY: 1999 Act No. 112, Section 1, eff June 30, 1999; 2005 Act No. 8, Section 3, eff January 13, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2240. Regulatory control by local government.

A municipality may not use its authority over the public streets and public property as a basis for asserting or exercising regulatory control over telecommunications companies regarding matters within the jurisdiction of the Public Service Commission or the Federal Communications Commission or the authority of the Office of Regulatory Staff, including, but not limited to, the operations, systems, service quality, service territory, and prices of a telecommunications company. Nothing in this section shall be construed to limit the authority of a local governmental entity over a cable television company providing cable service as permitted by 47 U.S.C. Section 542.
HISTORY: 1999 Act No. 112, Section 1, eff June 30, 1999; 2006 Act No. 318, Section 70, 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 58-9-2250. Existing consent agreements.

A telecommunications company, its successors or assigns, that is occupying the public streets and public property of a municipality on the effective date of this article with the consent of the municipality to use such public streets and public property shall not be required to obtain additional consent to continue the occupation of those public streets and public property.
HISTORY: 1999 Act No. 112, Section 1, eff June 30, 1999.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2270. Customer bill disclosure of business license tax.

A telecommunications company may include the following statement or substantially similar language in any municipal customer's bill when that customer's municipality charges a business license tax to the telecommunications company under this chapter: "Please note that included in this bill there may be a line-item charge for a business license tax assessed by your municipality".
HISTORY: 1999 Act No. 112, Section 1, eff June 30, 1999.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2515. Public Service Commission jurisdiction.

Nothing in this article expands, diminishes, or otherwise affects any existing jurisdiction of the commission over any local exchange provider, prepaid wireless provider, CMRS provider, or VoIP provider; or any services provided by any such provider.
HISTORY: 2016 Act No. 181 (S.277), Section 2, eff May 25, 2016.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2520. Statewide access program.

(A) The commission may establish and the Office of Regulatory Staff may administer and promote a statewide program to provide telephone access to persons who are speech or hearing impaired.
(B) The program may include, but is not limited to:
(1) a statewide dual party relay service;
(2) selection by the Office of Regulatory Staff of a service provider to provide a statewide relay system to handle all intrastate TDD calls;
(3) a distribution system as provided by the Office of Regulatory Staff of TTY's and other related telecommunications devices; and
(4) prescribing or promulgating procedures, regulations, guidelines, and criteria to establish, implement, administer, regulate, and promote all aspects of the dual party relay service and the distribution of TTY and other related telecommunications devices, and the establishment of a funding mechanism to cover all associated costs of these services and this article where not prohibited by law.
The administration, implementation, and promotion of the dual party relay service and the distribution of TTY and other related telecommunications devices is the responsibility of the Office of Regulatory Staff. The administration of the funding mechanism is the responsibility of the Office of Regulatory Staff.
(C) The commission and the Office of Regulatory Staff may use assistance from state and federal agencies or from private organizations and industry to accomplish the purposes of this article.
HISTORY: 1990 Act No. 488, Section 2, eff May 30, 1990; 1996 Act No. 426, Section 15, eff June 18, 1996; 2006 Act No. 318, Section 71, 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 58-9-2540. Repealed.

HISTORY: Former Section, titled Advisory committee, had the following history: 1990 Act No. 488, Section 2, eff May 30, 1990; 1992 Act No. 396, Section 1, eff June 1, 1992; 2006 Act No. 318, Section 71, eff May 24, 2006. Repealed by 2016 Act No. 181, Section 11, eff May 25, 2016.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2550. Distribution systems.

The Office of Regulatory Staff may establish a distribution system for TTY and other related telecommunications devices. In establishing this program, the Office of Regulatory Staff may:
(1) select an administrator through the State Fiscal Accountability Authority procurement process to purchase, store, distribute, and maintain telecommunications devices for persons qualified to receive such equipment. In addition, the administrator must be responsible for providing user training and assistance; and
(2) establish qualifications for eligibility for individuals to receive TTY's and other related telecommunications devices under a distribution system of TTY's and other related telecommunications devices. Qualifications shall include certifications as hearing impaired, speech impaired, or dual sensory impaired.
HISTORY: 1996 Act No. 426, Section 13, eff June 18, 1996; 2006 Act No. 318, Section 71, eff May 24, 2006.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2600. Purpose of article.

This article regulates the provision of communications service by an agency, entity, instrumentality, or a political subdivision of this State, excluding the State Department of Administration, for services provided as of the effective date of this article.
HISTORY: 2002 Act No. 360, Section 1A, eff July 1, 2002; 2012 Act No. 284, Section 4, eff June 29, 2012.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
Editor's Note
2012 Act No. 284, Section 11, provides as follows:
"The provisions of this act do not expand, diminish, or otherwise affect the provisions of Chapter 151, Title 59 regarding the South Carolina LightRail Consortium"
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2630. Tax collections and payments.

(A) A government-owned communications service provider shall pay or collect taxes annually in a manner equivalent to taxes paid by a nongovernment-owned communications service provider through payment of the following:
(1) all state taxes, including corporate income taxes under Section 12-6-530, and utility license taxes under Section 12-20-100;
(2) all local taxes, including local business license taxes, under Section 58-9-2230, together with any franchise fees and other local taxes and fees, including impact, user, service, or permit fees, pole rental fees, and rights-of-way franchise, consent, or administrative fees; and
(3) all property taxes on otherwise exempt real and personal property that are directly used in the provision of a communications service.
(B) A government-owned communications service provider shall compute, collect, and remit taxes in the same manner as a nongovernment-owned communications service provider and must be entitled to the same deductions.
(C) A government-owned communications service provider shall annually remit to the general fund of the government entity owning the communications service provider an amount equal to all taxes or fees a private sector communications service provider must pay.
(D) The taxpayer confidentiality provisions contained in Title 12 do not apply to the filing of a government-owned communications service provider. However, the Department of Revenue shall require an annual report of all communications service providers. The report must require a communications company licensed in this State to report the total gross of retail communications to which the business license tax is applicable pursuant to Section 58-9-2220. This information must be available to any entity authorized to collect a tax on retail communications or its agent. Information provided to an entity or agent authorized to collect a tax must not be disclosed or provided to another person. This information may only be used by an entity or agent of an entity authorized to collect a tax for purposes of determining the accuracy of tax returns, filings, and payment of taxes.
HISTORY: 2002 Act No. 360, Section 1A, eff July 1, 2002; 2012 Act No. 284, Section 7, eff June 29, 2012.
Editor's Note
2012 Act No. 284, Section 11, provides as follows:
"The provisions of this act do not expand, diminish, or otherwise affect the provisions of Chapter 151, Title 59 regarding the South Carolina LightRail Consortium"
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2650. Liability insurance rates.

The Department of Insurance must determine the South Carolina average market rate for private sector liability insurance for communications operations. To have government-owned and nongovernment-owned communications service providers in the same competitive position, to the extent possible, the rate paid for liability insurance for government-owned communications operations must be equal to or greater than the average market rate for private sector liability insurance in South Carolina as determined by the Department of Insurance. To the extent that any government-owned communications service provider pays less than the average market rate for this insurance established by the Department of Insurance, the difference must be remitted by the government-owned communications service provider to the general fund of the government owning that communications service provider. However, nothing in this section may be construed to mean a government-owned communications provider is not covered by the South Carolina Tort Claims Act.
HISTORY: 2002 Act No. 360, Section 1A, eff July 1, 2002; 2012 Act No. 284, Section 8, eff June 29, 2012.
Editor's Note
2012 Act No. 284, Section 11, provides as follows:
"The provisions of this act do not expand, diminish, or otherwise affect the provisions of Chapter 151, Title 59 regarding the South Carolina LightRail Consortium"
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-2689. Report of State Regulation of Public Utilities Review Committee.

No later than five years from the effective date of this act and every five years following the submission of the first report, the State Regulation of Public Utilities Review Committee must submit to the General Assembly a report examining the effect of this act on residential and business consumers in areas served by communication providers. The reports must assess and determine the impact of the amendments to current law in this act on the availability of communications services to rural counties of the State and report whether the amendments to current law incorporated in this act have had an adverse impact on the provision of communications services in such rural areas. The reports must include data describing the extent of capital improvement and investment by communications service providers in rural counties since the adoption of the amendments to current law included in this act and present any recommendations it may have regarding the continuation, amendment, or repeal of the amendments to current law included in the act. The reports must not disclose any proprietary or confidential information about individual communications service providers.
HISTORY: 2012 Act No. 284, Section 10, eff June 29, 2012.
Editor's Note
2012 Act No. 284, Section 11, provides as follows:
"The provisions of this act do not expand, diminish, or otherwise affect the provisions of Chapter 151, Title 59 regarding the South Carolina LightRail Consortium"
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 9 - Telephone, Telegraph And Express Companies › Section 58-9-3050. Relationship between electric cooperatives and broadband affiliates; disconnection of electric services based on customer's failure to pay for broadband service.

(A) An electric cooperative may not condition the receipt of electric service on, nor provide more favorable terms for electric service for, persons that receive broadband service from the electric cooperative's broadband affiliate or any other broadband service provider.
(B) An electric cooperative may not share confidential information from an unaffiliated communications service provider obtained in a pole attachment request and approval process including, but not limited to, requested locations for pole attachments, the locations of customers to be served, or any identifying information regarding customers with its broadband affiliate or any other communications service provider.
(C) An electric cooperative shall not disconnect any customer from receiving electric services based on the customer's failure to pay for broadband service provided to the customer by the electric cooperative's broadband affiliate.
HISTORY: 2020 Act No. 175 (H.3780), Section 1, eff September 29, 2020.
Editor's Note
2020 Act No. 175, Section 6, provides as follows:
"SECTION 6. This act does not convey or confer any implied or express grant of authority to an investor-owned electric utility to provide broadband facilities or broadband services as defined in this act and any legal rights which may or may not belong to investor-owned electric utilities to provide broadband facilities or broadband services at the time of the passage of this act are neither expanded nor contracted by its passage."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-10. Definitions.

When used in this chapter:
(a) The term "commission" means the Public Service Commission of the State of South Carolina.
(b) The term "commissioner" means one of the members of the Public Service Commission.
(c) The term "corporation" includes all bodies corporate, joint stock companies, or associations, domestic or foreign, their lessees, assignees, trustees, receivers or other successors in interest, having any of the powers or privileges of corporations not possessed by individuals or partnerships.
(d) The term "person" includes all individuals, partnerships or associations other than corporations.
(e) The term "public" means the public generally, or any limited portion of the public, including a person or corporation.
(f) The term "radio common carrier" includes persons and corporations, their lessees, assignees, trustees, receivers, or other successors in interest now or hereafter owning or operating in this State equipment or facilities for the transmission of intelligence by a modulated radio frequency signal, for compensation to the public, including all things incident thereto and related to the operation of radio transmission, but shall not include telephone utilities or services regulated by Articles 1 through 13 of Chapter 9 of Title 58 of the 1976 Code.
(g) The term "intelligence" means the transfer of information either one way, or two way, by tone, data bit, voice, or other means as may be used to convey information to a person, persons, or machine.
(h) The term "rate" means and includes every compensation, charge, toll, rental and classification, or any of them, demanded, observed, charged or collected by any carrier for any communications service offered by it to the public, and any rules, regulations, practices or contracts affecting any such compensation, charge, toll, rental or classification.
(i) The term "securities" means and includes stock, stock certificates, bonds, notes, debentures, or other evidences of indebtedness, and any assumption or guaranty thereof.
(j) The term "service area" shall include that geographical area covered by a radio common carrier system by county unless otherwise specified by the Public Service Commission.
(k) The term "communication service" shall mean a service to transmit audio intelligence by means of a modulated radio frequency signal and shall not include telephone answering services.
(l) The term "regulatory staff" means the executive director or the executive director and the employees of the Office of Regulatory Staff.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 73, eff May 24, 2006; 2006 Act No. 318, Section 74, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-30. Filing schedules of rates, rules and regulations.

Under such rules and regulations as the commission may prescribe, every radio common carrier shall file with the commission and the Office of Regulatory Staff, within such time and in such form as the commission may designate, schedules showing all rates, rules, and regulations established by it and collected or enforced, or to be collected or enforced within the jurisdiction of the commission, and the radio common carrier shall keep copies of such schedules open to public inspection upon request at reasonable intervals during business hours under such rules and regulations as the commission may prescribe.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 75, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-40. Compensation different from that in schedule shall not be charged or received.

No radio common carrier shall directly or indirectly, by any device whatsoever, or in any way, charge, demand, collect or receive from any communications person or corporation a greater or less compensation for any service rendered or supplied, or to be rendered or supplied, such radio common carrier, than that prescribed in the schedules of such radio common carrier applicable thereto then filed in the manner provided in this chapter, nor shall any person or corporation receive or accept any service, from a radio common carrier for a compensation greater or less than that prescribed in such schedules.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-50. Unreasonable preferences and differences in rates shall not be made; reasonable classifications may be established.

No radio common carrier 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 radio common carrier 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, radio common carriers 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, the cost of equipment at time of installation, or any other reasonable consideration. The Commission may determine any question arising under this section.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-60. Procedure for changes in rates initiated by radio common carrier.

Whenever a radio common carrier desires to put into operation a new rate which affects the radio common carrier's general body of subscribers, the radio common carrier 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 a schedule setting forth the proposed changes; provided, however, a hearing shall not be required when the proposed rate 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 radio common carrier's general body of subscribers. Subject to the provisions of subsections (B) and (C) of Section 58-11-70, the proposed changes must not be put into effect in full or in part until approved by the commission.
HISTORY: 1975 (59) 598; 1983 Act No. 138 Section 24, eff June 15, 1983; 2006 Act No. 318, Section 76, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-90. Commission may permit interconnection of facilities of radio common carriers and telephone utilities; determination of compensation and terms when parties fail to agree.

Whenever the Commission shall find that public convenience and necessity require the interconnection of radio common carrier facilities to facilities of telephone utilities, and that the radio common carrier and telephone utility have failed to agree upon such interconnection or the terms and conditions or compensation for the same, the Commission may order that such interconnection be permitted and prescribe a reasonable compensation, terms and condition for the interconnection.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-100. Certificate of public convenience as prerequisite to construction or operation of system; applicability to commercial mobile service providers.

(A) No radio common carrier shall begin or continue the construction or operation of a radio common carrier system, either directly or indirectly, without first obtaining from the commission a certificate that the public convenience and necessity requires the construction or operation.
(B) Notwithstanding the provisions of subsection (A) or another provision of law, neither the commission nor the Office of Regulatory Staff may impose requirements related to the terms, conditions, rates, or availability of, or otherwise regulate "commercial mobile service" as that term is presently defined in 47 U.S.C.A. Section 332(d)(1) for as long as Section 332 of 47 U.S.C. or similar federal legislation remains in effect.
(C) Nothing in this section affects any jurisdiction conferred upon the commission by Section 58-9-280(E)(3).
(D) Nothing in this section affects the commission's jurisdiction or authority to address and resolve issues relating to arrangements and compensation between telecommunications carriers and commercial mobile service providers, pursuant to 47 U.S.C. Sections 251 and 252 or pursuant to other applicable provisions of law.
(E) Nothing in this section shall prohibit the commission from applying to commercial mobile service providers that have sought and received designation from the commission, and operate as eligible telecommunications carriers, pursuant to 47 U.S.C. Section 214(e), or as carriers of last resort, as defined in Section 58-9-10(10), the same rules, requirements, or standards that are generally applicable to carriers that are subject to alternative regulation under Section 58-9-576 and that operate as eligible telecommunications carriers or as carriers of last resort.
HISTORY: 1975 (59) 598; 2005 Act No. 40, Section 1, eff April 15, 2005; 2006 Act No. 318, Section 78, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-110. Carrier shall file application with Federal Communications Commission.

A radio common carrier upon receiving a certificate of authorization from the Commission shall file with the Federal Communications Commission an application for the service within ninety days from date of certificate as issued by the Commission or on August 15, 1975, whichever is later. The Commission shall revoke any certificate granted should the radio common carrier fail to file with the Federal Communications Commission within the required time set forth above. The radio common carrier shall furnish proof of such Federal Communications Commission filing to the Commission within thirty days after such filing.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-120. Extension of existing facilities.

Any radio common carrier may establish, construct, maintain, and operate any reasonable extension of its facilities within its service area, after due notice of intent to the commission and the Office of Regulatory Staff by letter, without public hearing before the commission, unless otherwise ordered by the commission.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 79, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-130. Abandonment of service.

No radio common carrier shall abandon all or any portion of its service to the public, except for ordinary discontinuance of service for nonpayment of lawful charge, or except 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 and until the Commission in its discretion issues such certificate.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-140. Sale or other disposition of property, powers, franchises or privileges.

No radio common carrier, 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, shall sell, transfer, lease, consolidate or merge its property, powers, franchises or privileges or any of them used directly in the conduct of business as a radio common carrier.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-150. Restrictions on capitalization for rate-making purposes.

No radio common carrier for rate-making purposes shall capitalize its franchises, rights, powers, privileges, or 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 to capitalize any lease, or contract of sale or contract for consolidation or merger of two or more radio common carriers; or 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 property or labor actually contributed in cash, and any additional property or labor actually contributed; provided, that the determination of such consideration or value as aforesaid shall be subject to the approval of the Commission.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-160. Systems of accounts.

The Office of Regulatory Staff may, in its discretion, subject to approval of the commission, prescribe systems of accounts to be kept by radio common carriers subject to its jurisdiction, and it may prescribe the manner in which the accounts shall be kept, and may require every radio common carrier to keep its books, papers, and records accurately and faithfully according to the system of accounts as prescribed by the Office of Regulatory Staff; provided, however, that 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 they be construed to be in conflict with any lawful order of the Federal Communications Commission issued pursuant to the authority invested in it by such act of Congress.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 80, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-170. Depreciation and retirement charges.

Every radio common carrier shall have the right, and may be so required, to charge annually as an operating expense a reasonable sum for depreciation and credit the same to a reserve account for such purpose, which 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; provided, that the Commission shall have the right and power to control or limit such depreciation reserve; provided, further, that 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 they be construed to be in conflict with any lawful order of the Federal Communications Commission issued pursuant to the authority invested in it by such act of Congress.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-180. Transactions with affiliates.

When in the judgment of the Commission there is a reasonably substantial affiliation of any radio common carrier 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 radio common carrier engaged in business in this State, the burden of proof shall be upon the radio common carrier 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 radio common carrier and such other corporation or person. Every radio common carrier shall be required to produce, if so ordered by the Commission, for the information of the commission 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 of such fees and charges is established, as determined by the Commission, the same 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: 1975 (59) 598; 1983 Act No. 138 Section 15, eff June 15, 1983.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-190. Participation in profits from efficiency.

For the purposes of encouraging economy, efficiency, and improvements in methods of service any radio common carrier 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 radio common carrier.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-200. Annual and special reports.

The Office of Regulatory Staff may require any radio common carrier 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. At the same time a radio common carrier files a report with the Office of Regulatory Staff, it also must provide a copy to the commission.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 81, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-210. Companies subject to chapter even before commencing operations.

Corporations formed to acquire property, or to transact business which would be subject to the provisions of this chapter, and corporations possessing franchises, powers or privileges for any of the purposes contemplated by this chapter shall be deemed to be subject to the provisions of this chapter, although no property may have been acquired, business transacted or franchises, powers or privileges exercised.
HISTORY: 1975 (59) 598.