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Telecommunications Administrative Rules and Statutes
SDCL CHAPTER 30A TELEMARKETING
37-30A-1 Definition of terms.
37-30A-2 Required disclosures.
37-30A-3 Unreasonable solicitor practices.
37-30A-4 Written confirmation of verbal agreement required.
37-30A-5 Contents of written confirmation.
37-30A-6 Terms of liability for goods or services.
37-30A-7 Right of cancellation for consumer.
37-30A-8 Excluded transactions.
37-30A-10 Additional excluded transactions.
37-30A-11 Return of goods within refund period--Duties of telemarketer who has received notice to cancel from consumer.
37-30A-12 Location of sale.
37-30A-13 Willful violation.
37-30A-14 Civil action permitted for willful violation.
37-30A-15 Other actions not affected.
37-30A-16 Violation as misdemeanor.
37-30A-17 Telemarketer must prove exemption.
PUBLIC UTILITIES COMMISSION GROSS RECEIPTS TAX FUND SDCL CHAPTER 49-1A
49-1A-1 Purpose of fund.
49-1A-2 Gross receipts tax fund established.
49-1A-3 Annual intrastate gross receipts tax levied--Amount.
49-1A-4 Annual report of gross receipts--Filing date--Verification--Annual rate setting and tax assessment.
49-1A-5 Tax payment date.
49-1A-6 Penalty for late payment--Collection procedure.
49-1A-7 Use of fund for utilities and telecommunications companies regulation expenses-- Payment on warrants--Expenditure authorized.
49-1A-8 South Dakota Public Utilities Commission Regulatory Assessment Fee fund created-- Deposits--Amount.
49-1A-9 Deposit used to defray analyzing and ruling expenses--Payment on warrants.
49-1A-10 Record of expenditures--Determination of surplus or deficiency--Notice to company- -Objection--Hearing--Appeal.
49-1A-11 Actual costs assessed to electric or gas utility or to a utility's supplier.
SDCL 49-31 PUBLIC UTILITIES AND CARRIERS - TELECOMMUNICATIONS SERVICES
49-31-1.1 "Noncompetitive service" defined.
49-31-1.2 "Emerging competitive service" defined.
49-31-1.3 "Fully competitive service" defined.
49-31-1.4 "Price regulation" defined--Determination of fair and reasonable price.
49-31-2 Applicability of statutes to telecommunications companies.
49-31-3 General supervision of telecommunications companies offering common carrier services by commission where not preempted--Filing application with commission--Demonstration of capabilities--Rules--Offering services without certificate of authority as misdemeanor.
49-31-3.1 Approval required for discontinuance of noncompetitive telecommunications service.
49-31-3.2 Waiver, modification, etc., of rules and orders for fully competitive or emerging competitive service--Application for classification--Factors in determining classification--Time for approval or denial.
49-31-3.3 Investigation of telecommunications services--Ninety-day period-- Reclassification--Burden of proof--Reclassification after 90 days.
49-31-3.4 Reclassification proceeding--Factors in determining reclassification--Burden of proof--Stay of price change--Penalties and costs for spurious petition.
49-31-4 Determination and approval of rates and prices by commission--Attribution of revenues, investments and expenses--Rules.
49-31-4.1 Hearings on price regulation--Petition--Adoption of price regulation for noncompetitive service.
49-31-4.2 Uniform prices for intrastate interexchange telecommunications services-- Volume discounts--Taxes.
49-31-4.3 Accounts of other businesses--Consideration by commission--Disallowance of unreasonable profits--Burden of proof.
49-31-5 Promulgation of rules for conduct of business.
49-31-5.1 Telecommunications cooperatives, municipal telephone systems and independent telephone companies--Election to be regulated by commission.
49-31-5.2 Independent telecommunications companies--Petition by subscribers for election to be regulated by commission.
49-31-5.3 Independent telecommunications companies--Procedure for election by subscribers to be regulated by commission.
49-31-5.4 Independent telecommunications companies--"Subscribers" defined.
49-31-6 Valuation of company property.
49-31-7 Improvement of business and equipment--Notice to company from commission.
49-31-7.1 Powers and duties of commission.
49-31-7.2 Liability for damages unaffected.
49-31-7.3 Court order to testify or produce records--Violation as contempt.
49-31-7.4 Obstruction of commission--Civil fine.
49-31-8, 49-31-9. Repealed.
49-31-10 Delivery of messages to persons intended--Care required.
49-31-11 Discrimination prohibited--Civil fine.
49-31-12 Commission to make rate or price schedule--Different rates or prices for different companies or services--Revision of rates--Notice to companies.
49-31-12.1 Tariff as prima facie evidence of reasonableness--Commission certified as true copy.
49-31-12.2 Duties of regulated companies concerning publication and filing of rates or prices.
49-31-12.3 Failure to file tariffs and agreements--Mandamus.
49-31-12.4 Filing of new or changed tariff--Procedures for commission.
49-31-12.5 Filing of new schedule affecting emerging competitive service--Notice and hearing--Suspension or disapproval of price or practice.
49-31-12.6 Deposits into regulatory assessment fee fund.
49-31-15 Access to telecommunications facilities--Application to commission--Order requiring access--Apportionment of expenses.
49-31-18 Access provided to companies doing business in same vicinity--Discrimination prohibited.
49-31-19 Tariff of access charges--Approval by commission.
49-31-20 Merger, consolidation, or transfer of stock or other ownership interests-- Notification.
49-31-22 to 49-31-24. Transferred.
49-31-25 Disclosure of contents, refusal to send or forging receipt of message as misdemeanor--Judicially ordered disclosure excepted.
49-31-26 Disclosure of message without written permission of sender or addressee as misdemeanor--Judicial disclosure excepted.
49-31-28 Party line and emergency calls--Definitions.
49-31-29 Intentional refusal to relinquish party line in emergency as misdemeanor.
49-31-29.1 "Communication device" and "emergency" defined.
49-31-29.2 Interference with emergency communication--Violation a misdemeanor.
49-31-30 Securing line by claiming nonexistent emergency as misdemeanor.
49-31-31 Threatening or harassing telephone calls as misdemeanor.
49-31-32 Obscene telephone calls--Failure to replace receiver--Prima facie evidence of unlawfulness.
49-31-32.1 Dial-a-porn communications prohibited--Violation as misdemeanor.
49-31-32.2 Liability of persons for illegal use of telephone or facility under their control-- Violation as misdemeanor.
49-31-32.3 Each day of violation constitutes separate offense.
49-31-33 Place of commission of offense committed by telephone.
49-31-35 Severability and saving clause respecting unlawful telephone calls.
49-31-36 Manufacture, possession or transfer of instrument for fraudulently obtaining telecommunications service as misdemeanor.
49-31-37 Obtaining telecommunications service without payment as theft.
49-31-38 Violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation concerning telecommunication company regulation--Civil fine.
49-31-38.1 Intentional violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation of commission--Civil fine.
49-31-38.2 Additional penalty for violations--Forfeiture of franchise--Foreign corporations.
Action by attorney general to forfeit franchise or enjoin transaction of business.
49-31-39, 49-31-40. Repealed.
49-31-41 Security on stay of order--Conditions.
49-31-42 Proceedings before circuit court on appeal--Priority.
49-31-44 Creation of telecommunications investigation fund--Purposes of fund--Deposit by telecommunications company.
49-31-45 Payment of investigation and hearing expenses--Procedure for payment-- Accounting of company's deposit--Notice and order as to amount to be returned.
49-31-46 Payment for participation in federal proceedings.
49-31-47 Statewide program to provide telecommunications services for state residents with disabilities that prevent them from using a telephone.
49-31-48 Telecommunication device for individuals with disabilities.
49-31-49 Telecommunication devices property of state--Liability for loss or damage-- Disposition of money collected.
49-31-50 Telecommunication fund for the deaf and for other disabilities created-- Continuous appropriation (Effective until June 30, 2008).
49-31-50 Telecommunication fund for the deaf and for other disabilities created (Effective June 30, 2008).
49-31-50.1 Use of funds appropriated pursuant to § 49-31-50.
49-31-50.2 Rules relating to cochlear implants.
49-31-50.3 Approval of vouchers--Warrants.
49-31-51 Access fee on local exchange service lines, cellular telephones, and radio pager devices--Report of fee on monthly bills--Report on and remission of fees-- Disposition of funds collected (Effective until July 1, 2007).
49-31-51 Access fee imposed on local exchange service lines, cellular telephones and radio pager devices--Report of fee on monthly bills--Report on and remission of fees-- Disposition of funds collected (Effective July 1, 2007).
49-31-51.1 Promulgation of rules to administer access fee.
49-31-52 Liability for uncollected fees.
49-31-53 Annual review of access fee--Report to legislature.
49-31-54 Administrative cost for collection of fee.
49-31-55 Sources of funds in addition to access fees.
49-31-56 Method of payment of expenditures.
49-31-57 Penalty for pleading filed for improper purpose--Sanction by commission.
49-31-58 Alternative methods of assigning costs for certain services.
49-31-59 Procedures for approving sale of telecommunications exchanges.
49-31-59.1 Legislative intent--Joint provisioning and revenue-pooling arrangements-- Commission review and approval--Exemptions--Construction.
49-31-60 Telecommunications infrastructure--Legislative intent.
49-31-61 Public Communications Network Infrastructure--Composition.
49-31-62 to 49-31-68. Repealed.
49-31-69 Certificate of authority for construction of telecommunications facility-- Extension outside local exchange service area application--Amended certificate.
49-31-70 Application for certificate of authority--Notice.
49-31-71 Certificate of authority--Notice and hearing.
49-31-72 Certificate of authority--Time limit for decision.
49-31-73 Rural service areas--Services--Waiver.
49-31-74 Certificate of authority--Retroactive application--Alterations or additions.
49-31-75 Certificate of authority--Commission approval--Violations.
Commission to adopt rules addressing competitive provisions.
49-31-77 Commission may promulgate rules establishing service quality standards.
49-31-78 Commission shall designate eligible telecommunications carrier for service area-- Right to relinquish designation.
49-31-79 Requirements of rural telephone company.
49-31-80 Suspension or modification to carrier with small service area.
49-31-81 Carrier to provide services to competitive telecommunications services provider.
49-31-82 Certain resale restrictions permitted.
49-31-83 Telecommunications companies may form associations--Policy restrictions.
49-31-84 Telecommunication companies may grant incentives to meet competition.
49-31-85 Commission to establish quality of service standards.
49-31-86 Restrictions on price changes for local exchange service--Exemption for promotions.
49-31-86.1 Limitation on promotions.
49-31-86.2 Exemption of § 49-31-86 to take effect December 31, 2000 for certain carriers.
49-31-87 Dialing parity to be implemented.
49-31-88 Companies not exempt from state or federal law.
49-31-89 Telecommunications company, services or product not to be changed without subscriber authorization--Evidence of authorization--Commission authorized to promulgate rules--Scope of rules.
49-31-90 Third-party verification--Requirements.
49-31-91 Criteria to be met by third-party verification company.
49-31-92 Separate authorization required for each service.
49-31-93 Subscriber not liable for unauthorized change of carrier, products or services-- Company to compensate subscriber.
49-31-94 Penalties for violation--Disposition of fines collected.
49-31-95 Commission authorized to investigate complaints.
49-31-96 Costs of commission proceedings may be assessed against company--Objection.
49-31-97 "Subscriber" defined.
49-31-98 Agencies to establish cost recovery mechanism for certain mandated services-- Exemption.
49-31-99 Requirements for telephone solicitors making unsolicited calls.
49-31-100 Operation of and subscription to register--Fees.
49-31-101 State "do-not-call" register.
49-31-102 Copy of register required for telephone solicitors making unsolicited calls.
49-31-103 Commission may use national "do-not-call" registry.
49-31-104 Telephone solicitation account established.
49-31-105 Annual fee for unsolicited calls by telephone solicitors.
49-31-106 Commission may use gross receipts tax fund for implementation--Funds to be returned after register implemented.
49-31-107 Telecommunications companies to notify customers of certain provisions.
49-31-108 Violators subject to civil penalty imposed by commission.
49-31-110 Local telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges.
49-31-111 Nonlocal telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges.
49-31-112 Transiting carrier required to deliver signaling information with telecommunications traffic--Liability for failure to deliver.
49-31-113 Transit traffic or billing records to be provided by transiting carrier.
Complaint procedure--Provisional remedies.
49-31-115 Promulgation of rules.
49-31-116 Required notice to subscribers of automatic renewal dates in certain telecommunications contracts.
49-31-117 Commission disbursement of certain bond or other proceeds to affected customers--Interest.
49-31-118 Wireless telephone number information in wireless directory assistance service database--Authorization for inclusion or sale.
49-31-119 Charge for exclusion of number from wireless directory assistance service database prohibited.
49-31-121 Obtaining confidential communications records without authorization from customer as misdemeanor.
49-31-122 Selling confidential communications records without authorization from customer as felony.
49-31-123 Law enforcement permitted to obtain confidential communications records pursuant to subpoena or court order.
49-31-124 Communications provider permitted to obtain confidential communications records through agents.
49-31-125 Communications provider permitted to obtain confidential communications records in connection with sale of business or migration of customer.
49-31-126 Civil action for violation--Double damages, costs, and attorney's fees