South Dakota

49-31-1. Definitions.

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.

49-31-1.5. Unsolicited telephone call defined.

49-31-1.6. Established business relationship defined.

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...

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. 49-31-8, 49-31-9. Repealed by SL 1987, ch 345, § 93.

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.

49-31-12.7. Tariffs for telecommunications services other than emerging and noncompetitive services prohibited.

49-31-12.8. Availability of telecommunications services information--Notification of adverse change in rates, terms, or conditions.

49-31-13. 49-31-13. Repealed by SL 1988, ch 375, § 26.

49-31-14. 49-31-14. Repealed by SL 1987, ch 345, § 93.

49-31-14.1. 49-31-14.1. Repealed by SL 1992, ch 328, § 22.

49-31-15. Access to telecommunications facilities--Application to commission--Order requiring access--Apportionment of expenses.

49-31-16. 49-31-16. Repealed by SL 1992, ch 328, § 24.

49-31-17. 49-31-17. Repealed by SL 1998, ch 274, § 20.

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.

49-31-21. 49-31-21. Repealed by SL 1998, ch 274, § 22.

49-31-22. 49-31-22 to 49-31-24. Transferred to § 49-31-21.

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.

49-31-27. 49-31-27. Repealed by SL 1987, ch 345, § 93.

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. Contact by telephone or other device--Threatening, harassing, or misleading contacts--Penalty.

49-31-31.1. Electronic communication device defined.

49-31-31.2. Caller identification--Fictitious or misleading--Exceptions.

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 or other electronic communication device.

49-31-34. 49-31-34. Repealed by SL 1983, ch 15, § 122.

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.

49-31-38.3. Action by attorney general to forfeit franchise or enjoin transaction of business.

49-31-39. 49-31-39, 49-31-40. Repealed by SL 1992, ch 328, §§ 32, 33.

49-31-41. Security on stay of order--Conditions.

49-31-42. Proceedings before circuit court on appeal--Priority.

49-31-43. 49-31-43. Repealed by SL 1992, ch 328, § 35.

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. Communication devices and services provided to persons with disabilities.

49-31-48. Telecommunication or communication device for individuals with disabilities--Dual party relay system.

49-31-49. Telecommunication or communication device remains property of state for three years.

49-31-50. Telecommunication funds for persons with hearing and other disabilities--Continuous appropriation.

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 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.

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.

49-31-56.1. Promulgation of rules regarding telecommunications and communication services program.

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. 49-31-62 to 49-31-68. Repealed by SL 1999, ch 224, §§ 3 to 9.

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.

49-31-76. 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. Telephone solicitation--Violations--Civil penalty.

49-31-109. Definitions.

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.

49-31-114. 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.

49-31-120. Definitions.

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.