§ 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
§ 49-31-10 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
§ 49-31-15 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
§ 49-31-25 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 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
§ 49-31-35 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
§ 49-31-38.2 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
§ 49-31-41 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 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
§ 49-31-50.2 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
§ 49-31-69 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
§ 49-31-87 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
lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In South Dakota Codified Laws > Title 49 > Chapter 31 - Telecommunications Services

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2