reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-220. Office in State.

Each radio common carrier 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 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: 1975 (59) 598; 2006 Act No. 318, Section 82, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-230. Compliance with orders and regulations.

Each radio common carrier 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 their duties under this chapter, or in relation to any other matter in any way relating to or affecting the business of such radio common carrier, and shall do everything necessary or proper in order to secure compliance with and observance of every order, decision, direction, rule, or regulation by all of its officers, agents, and employees.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 83, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-240. Procedure for issuance of securities by nonmunicipal radio common carriers.

No radio common carrier, except municipalities, shall issue any securities, as in this chapter defined, without the approval of the commission. Any radio common carrier, except a municipality, desiring to issue any securities may apply to the commission for approval of any proposed issue by filing with the commission and providing to the Office of Regulatory Staff an application, together with a statement verified by its president and secretary, or other proper officers, or two of its incorporators, or by its owner, or owners, if it has no such officers, setting forth:
(1) the amount and character of securities proposed to be issued;
(2) the purpose for which they are to be issued;
(3) the consideration for which they are to be issued;
(4) the description and estimated value of any property, if any, to be acquired through the proposed issue;
(5) the terms and conditions of their issuance;
(6) the financial condition of the radio common carrier and its previous operations so far as relevant. The commission, after giving notice and opportunity to be heard to the radio common carrier and the Office of Regulatory Staff, shall determine whether the purpose of the issue is proper, it shall value the property or services, if any, to be acquired by the issue, if any, it shall find and determine the amount of such securities reasonably necessary for the purpose for which they are to be issued, and to the extent that the commission may approve the proposed issue it shall grant to the radio common carrier a certificate of authority stating:
[1] the amount of such securities reasonably necessary for the purpose for which they are to be issued, and the character of such securities; and
[2] the value of any property or services, if any, to be acquired thereby.
Such radio common carrier shall not issue any securities in greater amounts than specified in such certificate and shall apply the proceeds of such issue to the purposes specified in its petition. Nothing herein contained shall apply to any issue of securities payable within one year from the date thereof, except in case of issues made to refund such short time obligations, but such short time obligations may be renewed by similar obligations without the approval of the commission for an aggregate of not exceeding two years. Nothing herein contained shall be construed to impose or imply any guaranty or obligation as to such securities on the part of the State of South Carolina, or any agency thereof, nor shall the commission by virtue of the approval of the issuance of such securities be deemed to be required to prescribe or approve any rate for the reason that such rate may be necessary to provide funds reasonably sufficient to retire such securities or the interest thereon.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 84, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-250. Radio common carriers shall not permit employees to sell securities of others during employment nor require them to purchase any securities.

No radio common carrier shall permit any employee to sell, offer for sale, or solicit the purchase of any security of any other person or corporation during such hours as such employee is engaged to perform any duty of such radio common carrier; nor shall any radio common carrier by any means or device whatsoever require any employee to purchase or contract to purchase any of its securities or those of any other person or corporation; nor shall any radio common carrier require any employee to permit the deduction from his wages or salary of any sum as a payment or to be applied as a payment on any purchase or contract to purchase any securities of such radio common carrier or of any other person or corporation.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-260. Revocation of certificate of authorization upon revocation of articles of incorporation.

If the articles of incorporation of any radio common carrier are revoked by the Secretary of State, the Public Service Commission shall immediately revoke the certificate of authorization granted to such carrier. Whenever such certificate is revoked for any cause, the Office of Regulatory Staff and the appropriate bureau of the Federal Communications Commission shall be promptly notified of such revocation by the Public Service Commission.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 85, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-270. Commission shall furnish forms and information so as to permit orderly compliance by carriers.

All report forms required to be completed by carriers pursuant to the provisions of this chapter and any other information necessary to enable carriers to remain in compliance with such provisions shall be furnished by the Public Service Commission to all carriers on a time schedule which will permit orderly compliance by the carriers.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-410. Changes of rates; factors considered in determining reasonable rates.

Whenever the commission after a hearing finds that the existing rates in effect and collected by any radio common carrier for any service are unjust, unreasonable, insufficient, or 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 such rates by its order. In determining just, reasonable, and sufficient rates the commission shall give due consideration to the radio common carrier'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 radio common carrier's public duty; the capitalization of the radio common carrier and the net income required on its net worth; and such other matters, circumstances, and conditions as the commission may find necessary. Provided, that the rates so fixed shall not be higher than necessary to give a fair return to the stockholders.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 86, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-420. Orders for more reasonably adequate and efficient service.

Whenever the commission, after hearing, finds that the service of any radio common carrier is not reasonably adequate and efficient, the commission shall make its findings and issue an order thereon requiring such radio common carrier to provide reasonably adequate and efficient service.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 87, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-430. Miscellaneous regulations.

The commission may ascertain and fix just and reasonable classification, regulations, practices, or service to be furnished, imposed, observed, and followed by any or all radio common carriers; prescribe reasonable regulations for the examination and testing of such service and for the measurement thereof; establish or approve reasonable rules, regulations, specifications, and standards; and provide for the examination and testing of any and all appliances used for the service of any radio common carrier.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 88, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-440. Fixing value of carrier.

The Commission may after hearing ascertain and fix the value of the whole or any part of the property of any radio common carrier insofar as such property is material to the exercise of the jurisdiction 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 58-11-450. Investigations.

The Office of Regulatory Staff may investigate and examine the condition and operation of radio common carriers or any particular radio common carrier.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 89, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-460. Reparation orders; suit to enforce order.

When petition has been made to the commission concerning any rate or charge for service performed by any radio common carrier, and the commission has found after hearing that the radio common carrier has charged an unreasonable, excessive, or discriminatory amount for such service, the commission may order that the radio common carrier make due reparation to the complainant therefor, with interest from the date of collection; provided, such reparation will not result in establishing unreasonable discrimination and provided, further, that no order for the payment of reparation upon the ground of unreasonableness shall be made by the commission in any instance wherein the rate or charge in question has been authorized by law, and, provided, further, that no assignment of a reparation claim shall be recognized by the commission except assignments by operation of law as in case of death, insanity, bankruptcy, receivership, or order of court. If the radio common carrier does not comply with the order for the payment of reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover such reparation and upon trial of such suit a duly certified copy of the order of the commission shall be prima facie evidence of the facts therein set forth. All complaints concerning unreasonable, excessive, or discriminatory charges on which reparation orders may be made shall be filed with the commission and provided to the Office of Regulatory Staff within two years from the time the cause of action accrues, and the suit for enforcement of the order shall be commenced in the court within one year from the date of the order of the commission. The remedy provided in this section shall be cumulative and in addition to any other remedy or remedies in this chapter for failure of a radio common carrier to obey an order or decision of the commission. The commission must not be a party to any proceeding.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 90, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-470. Commission shall not grant certificate for operation or extension into established service area unless necessary for public convenience and necessity.

The Commission shall not grant a certificate for a proposed radio common carrier operation or extension thereof into an established service area of another certified radio common carrier unless after hearing it shall be shown by the applicant that public convenience and necessity will be best met by the radio common carrier being granted authority to serve such area.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-480. Applicant for certificate for operation or extension into established service area shall notify carrier in that area.

Should application be made for a proposed radio common carrier operation or extension thereof into a service area, or portion thereof, of another certified radio common carrier, the applicant shall notify the radio common carrier with copies of all information filed with the commission and provided to the Office of Regulatory Staff within ten days from the date filed with the commission.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 91, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-490. Inspections of property; audits of records; examinations of officers and employees.

The Office of Regulatory Staff at any reasonable time shall have the right to inspect the property, plant, and facilities of any radio common carrier, and to inspect or audit at reasonable times the accounts, books, papers, and documents of any radio common carrier, and for the purposes herein mentioned are authorized to examine under oath any officer, agent, or employee of such radio common carrier in relation to the business and affairs of such radio common carrier, but written record of the testimony or statement so given under oath shall be made.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 92, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-500. Inspection and copying of tax returns, reports and other information.

In the performance of its duties under this chapter, the Office of Regulatory Staff is hereby authorized to inspect or make copies of all income, property, or other tax returns, reports, or other information filed by radio common carrier with or otherwise obtained by any other department, commission, board, or agency of the state government.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 93, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-510. Joint investigations, hearings and orders with other state or Federal boards or commissions.

The commission may hold joint hearings and issue joint or concurrent orders in conjunction or concurrence with any official board or commission of any state or of the United States. The Office of Regulatory Staff may make joint investigations with any official board or commission of any state or of the United States.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 94, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-520. Actions to discontinue or prevent violation of law or order.

Whenever it shall appear that any radio common carrier is failing or omitting, or about to fail or omit, to do anything required of it by law or by order of the commission or the Office of Regulatory Staff, or is doing anything, or about to do anything, or permitting anything, or about to permit anything, to be done contrary to or in violation of law or of any order of the commission, an action or proceeding shall be prosecuted by the Office of Regulatory Staff in any court of competent jurisdiction in the name of the Office of Regulatory Staff for the purpose of having such violation or threatened violation discontinued or prevented, either by mandamus, injunction, or other appropriate relief, and in such action or proceeding it shall be permissible to join such other persons or corporations as parties thereto as may be reasonably necessary to make the order of the court in all respects effective.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 95, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-530. Hearing before one or more commissioners; approval and filing.

Any hearing which the commission has power to hold may be held before any one or more of the commissioners, upon condition, however, that the commissioner or commissioners shall have been authorized by the commission to hold the hearing. Any determination, ruling, or order of a commissioner or commissioners, upon any hearing, shall not become effective until due notice has been given to the commission and the Office of Regulatory Staff and has been approved and confirmed by at least a quorum of the commission and ordered to be filed in its office; provided, that any such determination involving the fixing or regulation of general schedule of rates shall not become effective until due notice has been given the radio common carrier concerned and an opportunity has been given such carrier to be heard before, and the same has been approved and confirmed by, at least a quorum of the commission. Upon such confirmation and order, such determination, ruling, or order shall be the determination, ruling, or order of the commission. In any hearing now pending or which may hereafter be instituted, the commission is hereby authorized to employ a hearing officer who shall have power to administer oaths and receive evidence in any locality which the commission, having regard to the public convenience and the proper discharge of its functions and duties, may designate. The testimony and evidence so taken or received shall have the same force and effect as if taken or received by the commission, or any one or more of the commissioners as above provided.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 96, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-540. Promulgation of rules and regulations.

The Commission may make such rules and regulations not inconsistent with law as may be proper in the exercise of its powers or for the performance of its duties under this chapter, all of which shall have the force of law.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-550. Rules governing pleadings, practice and procedure.

The Commission is authorized to prescribe rules governing pleadings, practice and procedures not inconsistent with the provisions of this chapter or any other provisions of law. The provisions of Articles 1 through 13 of Chapter 9, Title 58 of the 1976 Code shall be applicable to all hearing and appellant procedures of the Commission in relation to radio common carriers, including penalty provisions, specifically including but not limited to matters provided for in Articles 9, 11 and 13 of Chapter 9 of the 1976 Code.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-560. Enforcement powers generally.

In addition to the foregoing expressly enumerated powers the Commission shall have full power and authority, and it shall be its duty to enforce, execute, administer, and carry out by its order, ruling, regulation, or otherwise, all the provisions of this chapter and any other provisions of law regulating radio common carriers.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-570. Employment of technical, administrative and clerical staff.

The Commission shall have power to employ such technical, administrative and clerical staff as it may deem necessary to carry out the provisions of this chapter and to perform the duties and exercise the powers conferred upon it by law.
HISTORY: 1975 (59) 598.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-580. Enumeration of powers not exclusive.

The enumeration of the powers of the commission and the Office of Regulatory Staff as herein set forth shall not be construed to exclude the exercise of any power which the commission and the Office of Regulatory Staff would otherwise have under the provisions of law.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 97, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-600. Chapter shall not affect municipalities, interstate commerce or private or cost-shared systems; certain restrictions on cost-shared systems.

(a) Nothing contained in 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 this chapter, is to be deemed excepted from the operation thereof.
(b) Nothing contained in 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 radio common carriers, not inconsistent with the provisions of this chapter, in the interest of public safety, morals, convenience, health and good order.
(c) Neither this chapter nor any provision thereof shall apply or be construed to apply to commerce among the several states of the United States, except insofar as the same may be permitted under the provisions of the Constitution of the United States and the Acts of Congress.
(d) The provisions of this chapter shall not be construed to limit or restrict the rights or operations of private or cost-shared systems as herein defined. "Private system" means a system used by a single licensee. "Cost-shared system" means a system for which more than one person is licensed to operate on the same frequencies and who use the same common facilities. "Licensee" as used herein means a person licensed to operate a system by the Federal Communications Commission.
No cost-shared system shall directly or indirectly, by any device whatsoever, charge, demand, collect or receive from any person a greater or lesser compensation for any communication service rendered or supplied or to be rendered or supplied to the users and owners of the system. All equipment common to such systems shall be jointly owned or leased by the users thereof.
All cost-shared systems shall annually report to the Public Service Commission and the Office of Regulatory Staff a record of all compensation received from or charged to users of the system.
HISTORY: 1975 (59) 598; 2006 Act No. 318, Section 98, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-800. Short title; legislative findings.

(A) This article must be known and may be cited as the "South Carolina Small Wireless Facilities Deployment Act".
(B) The General Assembly finds that:
(1) the deployment of small wireless facilities and other next-generation wireless and broadband network facilities is a matter of statewide concern and interest;
(2) wireless and broadband products and services are a significant and continually growing part of the state's economy; accordingly, encouraging the development of strong and robust wireless and broadband communications networks throughout the State is integral to the state's economic competitiveness;
(3) rapid deployment of small wireless facilities serves numerous important statewide goals and public policy objectives including, but not limited to, meeting growing consumer demand for wireless data, increasing competitive options for communications services available to the state's residents; promoting the ability of the state's citizens to communicate with other citizens and with their state and local governments; and promoting public safety;
(4) small wireless facilities, including facilities commonly referred to as small cells and distributed antenna systems, are deployed most effectively in the right of way (ROW);
(5) to meet the key objectives of this article, wireless providers must have access to the ROW and the ability to attach to infrastructure in the ROW to densify their networks and provide next generation wireless services;
(6) uniform rates and fees for the permitting and deployment of small wireless facilities in the ROW and on authority infrastructure, including poles, throughout the State is reasonable and encourages the development of robust next-generation wireless and broadband networks for the benefit of citizens throughout the State;
(7) the procedures, rates, and fees in this article are fair and reasonable when viewed from the perspective of the state's citizens and the state's interest in having robust, reliable, and technologically advanced wireless and broadband networks; and reflect a balancing of the interests of the wireless providers deploying new facilities and the interests of authorities in recovering their costs of managing access to the ROW and the attachment space provided on authority infrastructure in the ROW; and
(8) this article supersedes and preempts any enactment by an authority that contradicts, expands, contracts, or otherwise modifies the provisions of this article with respect to the regulation of the placement of small wireless facilities and of support structures and poles for small wireless facilities in the ROW provided; however, that nothing in this item limits any power granted to any authority under this article including, but not limited to, the power to enforce city-wide compliant provisions in previous enactments, so long as those provisions do not violate federal law.
HISTORY: 2020 Act No. 179 (H.4262), Section 1, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-853. Wireline backhaul facilities.

The construction, installation, maintenance, modification, operation, and replacement of wireline backhaul facilities in the ROW are not addressed by this article, and any such activity shall comply with the applicable provisions of the 1976 Code including, but not limited to, Section 58-9-280(A) and (B) and Chapter 12, Title 58.
HISTORY: 2020 Act No. 179 (H.4262), Section 1, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-857. No interference with existing infrastructure, equipment, or service.

An applicant in the ROW must not install, maintain, modify, operate, repair, or replace any small wireless facilities, support structures, or poles in a manner that interferes with any existing infrastructure, equipment, or service including, but not limited to, infrastructure, equipment, or service used to provide communications, electric, gas, water, sewer, or public safety services.
HISTORY: 2020 Act No. 179 (H.4262), Section 1, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-860. Activities in the ROW.

The provisions of this section apply only to activities in the ROW. Nothing in this article must be interpreted to:
(1) allow an entity to provide services regulated pursuant to 47 U.S.C. Sections 521 to 573, without compliance with all laws applicable to such providers; or
(2) impose any new requirements on cable providers for the provision of such service in this State.
HISTORY: 2020 Act No. 179 (H.4262), Section 1, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-870. Authority's exercise of zoning, land use, planning, and permitting authority; limitations.

Pursuant to the provisions of this article and applicable federal law, an authority may continue to exercise zoning, land use, planning and permitting authority within its territorial boundaries with respect to small wireless facilities, poles, and support structures outside of the ROW, including the enforcement of applicable codes. An authority does not have and may not exercise any jurisdiction or authority over the design, engineering, construction, installation, or operation of a small wireless facility located in an interior structure or upon the site of a campus, stadium, or athletic facility not owned or controlled by the authority, other than to require compliance with applicable codes. Nothing in this article authorizes the State or any agency, department, or instrumentality thereof, including an authority, to require any wireless facility deployment or to regulate wireless services.
HISTORY: 2020 Act No. 179 (H.4262), Section 1, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-880. Article does not apply to poles owned by investor-owned utility; exception.

This article does not apply to poles owned by an investor-owned utility, except as it concerns a wireless provider's access to the ROW and permits for the collocation of small wireless facilities on such poles.
HISTORY: 2020 Act No. 179 (H.4262), Section 1, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-900. Jurisdiction of Administrative Law Court over disputes.

The Administrative Law Court has contested case jurisdiction to determine all disputes arising under this article between an applicant and an authority or any person or entity acting on behalf of an authority. Any request filed with the Administrative Law Court pursuant to this article must be filed in accordance with its Rules of Procedure. Pending resolution of a dispute concerning rates for collocation of small wireless facilities on authority poles, the person owning or controlling the pole must allow the collocating person to collocate on its poles at annual rates of no more than fifty dollars, with the actual rate to be settled upon final resolution of the dispute. Disputes subject to this section must be adjudicated pursuant to accelerated docket or complaint procedures including, but not limited to, procedures in Section 1-23-600(B), if available.
HISTORY: 2020 Act No. 179 (H.4262), Section 1, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-920. Conditioning access to ROW on wireless provider's seeking or obtaining certificate or other authority from Public Service Commission of South Carolina.

(A) Neither the State nor any agency, department, or instrumentality thereof may condition a wireless provider's access to any ROW or a wireless provider's deployment of small wireless facilities and associated poles in any ROW on the wireless provider's seeking or obtaining any certificate or other authority from the Public Service Commission of South Carolina.
(B) Without limiting the provisions of subsection (A):
(1) a wireless services provider seeking access to a ROW as described in subsection (A) may be required to provide proof that it is licensed by the FCC or otherwise authorized to provide wireless services within the State; and
(2) a wireless provider seeking access to a ROW as described in subsection (A) that is not also a wireless services provider may be required to submit an attestation that a wireless services provider has requested in writing that the wireless provider deploy small wireless facilities or associated poles at the requested location and provide proof that such wireless services provider is licensed by the FCC or otherwise authorized to provide service within the State.
(C) To the extent that an authority is otherwise authorized to address a wireless provider's deployment of small wireless facilities and associated poles in the ROW of the State or of any agency, department, or instrumentality thereof, the authority must do so in strict compliance with the provisions of this article.
HISTORY: 2020 Act No. 179 (H.4262), Section 1, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 11 - Radio Common Carriers › Section 58-11-930. Meetings with requesting authority.

(A) Within thirty days after written request by any authority with a population of greater than twenty-seven thousand according to the official 2010 United States Decennial Census and with which the applicant has not previously held a meeting that complies with this section, an applicant shall meet with the requesting authority to inform the authority in good faith:
(1) when the applicant expects to commence deployment of small wireless facilities and poles within the authority pursuant to this article;
(2) the number of small wireless facilities and poles it expects to deploy during the twenty-four months after commencement; and
(3) the expected timing of such deployments.
(B) All documents or other information provided by the applicant in the course of, or in association with, any meetings provided for in this section:
(1) are presumed to be 'trade secrets' as defined in Section 30-4-40(a)(1);
(2) are not public information under the Freedom of Information Act; and
(3) are not subject to public disclosure.
(C) The pendency of a meeting requested pursuant to this section shall not relieve an authority from reviewing and acting upon applications that have been or are submitted as set forth in this article.
HISTORY: 2020 Act No. 179 (H.4262), Section 1, eff September 29, 2020.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 12 - Cable Television › Section 58-12-5. Purpose; findings and preemption as to cable and video service.

(A) Competition between cable television, satellite, and other providers has promoted and continues to promote additional consumer choices for cable service, video service, and similar services, and the technology used to provide these services is not constrained or limited by municipal or county boundaries. Accordingly, it is appropriate for the General Assembly to review and update the policy of this State with regard to these services. The General Assembly finds that revising the current system of regulation of these services will relieve consumers of unnecessary costs and burdens, encourage investment, and promote deployment of innovative offerings that provide competitive choices for consumers. Additionally, the General Assembly finds that it is in the best interests of consumers for cable and video franchises to be nonexclusive and for requests for competitive cable or video franchises not to be unreasonably refused. The General Assembly further finds that a streamlined policy framework providing statewide uniformity is necessary to allow these functionally equivalent services to compete fairly and to deploy new consumer services more quickly.
(B) After the effective date of this act, no municipality or county may issue a cable franchise pursuant to Section 58-12-30. A municipality or county may continue to enforce existing cable franchises until they expire or are terminated pursuant to Section 58-12-325.
(C) This chapter occupies the entire field of franchising or otherwise regulating cable and video service and preempts any ordinance, resolution, or similar matter adopted by a municipality or county that purports to address franchising or otherwise regulating cable or video service.
HISTORY: 2006 Act No. 288, Section 2, eff May 23, 2006; 2007 Act No. 8, Section 1, eff March 30, 2007.
Editor's Note
2006 Act No. 288, Section 1, provides as follows:
"This act is known and may be cited as the 'South Carolina Competitive Cable Services Act' ".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 12 - Cable Television › Section 58-12-10. Installation of cable over or beneath public lands, highways, roads or waters.

Any cable television company may, upon the approval of the governing body of the city or county, construct, maintain, and operate its cable over or beneath any of the public lands of this State, over, beneath, or along any of the highways or public roads of the State, or over or beneath any of the waters of the State; provided, that cable television companies shall, unless heretofore covered by court decree, where possible and practicable, enter into an agreement with a telephone company or electric power company whereby the cable television company has the right to attach its cables to the poles owned by the telephone company or electric power company, or to bury its cable beneath the ground in conduits owned by the telephone company or electric power company; provided, further, that such cable is constructed so as not to endanger the safety of persons or to interfere with the use of these public lands, highways, or public roads, or the navigation of these waters; provided, further, that the agency charged with the maintenance of these public lands, highways, or public roads, or waters of the State shall require that the cable television company obtain a permit prior to placing its cable over, under, or along these public lands, highways, or public roads, or waters; and, provided, further, that if both electrical and telephone facilities in an area are underground then the cable television lines in that area shall also be placed underground. This proviso does not give any additional rights to public utilities to grant an easement. Provided, further, that if the cable is located in such a manner so as to constitute an interference with the right of ingress or egress to land that is subject to the easement, the cable television companies shall obtain the consent of the landowner, his heirs, or assigns, from which the original easement was obtained.
HISTORY: 1976 Act No. 688 Section 1; 1983 Act No. 134 Section 1, eff June 17, 1983.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 12 - Cable Television › Section 58-12-20. Interference with maintenance of public lands, highways, roads or waters; damage to roads or highways.

Whenever the agency charged with the maintenance of such public lands, highways or public roads, or waters of the State deems it necessary to move or remove the poles or underground conduits of such telephone company or electric power company, all cable television cables and appurtenances shall be moved or removed at the cost of the cable television company. Whenever damage results to public highways or roads as a result of operations by a cable television company, such cable television company shall repair the highway or road according to department standards and all cost shall be borne by the cable television company.
HISTORY: 1976 Act No. 688 Section 2.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 12 - Cable Television › Section 58-12-30. Franchising by counties and municipalities.

(a) The governing body of each municipality and each county in this State shall have the power and authority to regulate the operation of any cable television system which serves customers within its territorial limits by the issuance of franchise licenses after public notice showing the terms of any proposed franchise agreement and public initiation for bids and not inconsistent with the rules and regulations of the Federal Communications Commission.
(b) Six months after June 29, 1976, a cable television system shall not serve customers in any unincorporated area without obtaining a franchise from the county; provided, that a cable television system to which this subsection applies may continue to serve customers after June 29, 1976, if an application for a franchise is filed at least ninety days prior to the date on which such franchise would otherwise be required and the cable television system and the county have, despite good faith negotiations, not been able to reach agreement upon the terms of such franchise.
(c) A county shall not issue a franchise for any area which is within any municipality.
(d) A franchise shall not be required where line extensions of a cable television system do not serve any customers in the unincorporated area through which such lines are extended or where such line extensions are constructed upon private lands or with easements not obtained from any public body.
(e) The governing body of a county shall not deny to any cable television system a franchise for any area in which such cable television system has wires in place on June 29, 1976, or holds a Certificate of Compliance from the Federal Communications Commission. Franchises issued by a municipality or county shall not be inconsistent with the rules and regulations of the Federal Communications Commission.
(f) A franchise shall not be required of a cable television system to erect any tower or transmission cable in an unincorporated area for the purpose of providing service for an incorporated area.
HISTORY: 1976 Act No. 688 Section 3.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 12 - Cable Television › Section 58-12-40. Easements or rights-of-way to contain provision contemplating use by cable television companies.

Any easement or right-of-way obtained after June 29, 1976, by the State or any political subdivision thereof for the purpose of constructing a highway or public road and any easement or right-of-way obtained by any telephone or electric power company from the owner of any land who had previously granted an easement to this State or any political subdivision thereof for the purpose of constructing a highway or public road upon such land to which the easement or right-of-way relates shall clearly set forth the possibility that the easement or right-of-way may be used in the future by cable television companies for the purposes provided in this chapter.
HISTORY: 1976 Act No. 688 Section 4.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 12 - Cable Television › Section 58-12-50. Penalties for violations; persons who may bring suit.

Any person erecting or maintaining any such cable 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, or by the agency charged with the maintenance of the public lands, highways or public roads, or waters of the State. The sum so recovered, after paying therefrom all the expenses incurred in the prosecution of such suit, shall be paid into the treasury of the county in which the violation occurred or, if the violation occurred in more than one county, into the treasury of each county in which the violation occurred on a pro rata basis.
HISTORY: 1976 Act No. 688 Section 5.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 12 - Cable Television › Section 58-12-70. Underground installations on private property; consent required.

No cable television company may install underground wires or other underground equipment on private property without the written consent of the property owner. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined one hundred dollars.
HISTORY: 1976 Act No. 688 Section 7.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 12 - Cable Television › Section 58-12-80. Fees payable by companies receiving benefits of grandfather clauses.

Any cable television company which shall receive the benefits of operating under the grandfather clauses contained in this chapter shall pay to the county governing body or municipality the same fees as would be charged to a new franchising company by the county or municipality.
HISTORY: 1976 Act No. 688 Section 8.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 12 - Cable Television › Section 58-12-90. Channel to be made available to Educational Television Commission.

All cable television companies operating in the State shall make available one six megahertz channel for the transmissions of the South Carolina Educational Television Commission.
HISTORY: 1976 Act No. 688 Section 9; 1990 Act No. 533, Section 1, eff June 4, 1990.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 12 - Cable Television › Section 58-12-100. Companies to maintain complaint service.

Any cable television company franchised and operating in this State shall maintain a complaint service for the purpose of receiving consumer complaints concerning service or any other matter relating to its operations. The company shall keep written records of complaints received, including the name of the complaining party, the nature of the complaint and the disposition of the complaint. Such records shall be subject to inspection by the governing body which issued the franchise.
HISTORY: 1976 Act No. 688 Section 10.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 12 - Cable Television › Section 58-12-110. Televising of athletic events.

No institution of higher learning funded by state appropriations shall enter into any contract with a cable television company franchised pursuant to this chapter which gives an exclusive right to the cable television company concerned to televise athletic events in which athletic teams of such institution participate to the exclusion of free television.
HISTORY: 1976 Act No. 688 Section 11.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 12 - Cable Television › Section 58-12-120. Cable television company and cable television system defined.

The term "cable television company" and "cable television system" as used in this act includes a corporation incorporated under the laws of this State, a corporation incorporated under the laws of another state which has complied with the laws of this State regulating the doing of business in this State by foreign corporations, a general or limited partnership organized under the laws of this State, and a general or limited partnership organized under the laws of another state which has complied with any laws of this State regulating the doing of business in this State by these partnerships.
HISTORY: 1983 Act No. 134 Section 2, eff June 17, 1983.