49-31-3 General supervision of telecommunications companies offering common carrier services by co...
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.
commission has general supervision and control of all telecommunications companies offering
common carrier services within the state to the extent such business is not otherwise regulated by
federal law or regulation. The commission shall inquire into any complaints, unjust discrimination,
neglect, or violation of the laws of the state governing such companies. The commission may
exercise powers necessary to properly supervise and control such companies.
Each telecommunications company that plans to offer or provide interexchange
telecommunications service shall file an application for a certificate of authority with the
commission pursuant to this section. Telecommunications companies seeking to provide any local
exchange service shall submit an application for certification by the commission pursuant to §§ 49-31-1 through 49-31-89. The commission shall have the exclusive authority to grant a certificate of
authority. Each telecommunications company shall submit a two hundred fifty dollar application fee
with its application which shall be deposited into the gross receipts tax fund established pursuant to
§ 49-1A-2. Unless an evidentiary hearing is required by the commission, the commission shall act
on an application for a certificate of authority to provide interexchange telecommunications service
within sixty days of receiving a complete application. If an evidentiary hearing is required, the
commission shall act on the application within one hundred twenty days of receipt of a complete
application. A telecommunications company has the burden to prove in its application that it has
sufficient technical, financial and managerial capabilities to offer the telecommunications services
described in its application before the commission may grant a certificate of authority. The
commission may rule upon a telecommunications company's application for a certificate of authority
with or without hearing.
Any certificate of authority granted by the commission may be suspended or revoked pursuant
to chapter 1-26 for a willful violation of the laws of this state, a willful failure to comply with a rule
or order of the commission, or other good cause. The commission shall, by rules promulgated
pursuant to chapter 1-26, prescribe the necessary procedures to implement this section. A
telecommunications company that had lawful authority immediately prior to July 1, 1998, to provide
interexchange telecommunications services shall continue to have such authority. Any certificate of
authority to provide such telecommunications service may not be sold, assigned, leased, or
transferred without commission approval. The offering of such telecommunications services by a
telecommunications company without a certificate of authority or inconsistent with this section is
a Class 1 misdemeanor.
Source: SDC 1939, §§ 52.0202, 52.1302; SDCL, § 49-3-4; SL 1979, ch 307, § 20; SL 1987, ch 345,
§ 43; SL 1988, ch 375, § 7; SL 1992, ch 328, § 3; SL 1994, ch 352, § 9; SL 1998, ch 274, § 5; SL
1998, ch 275, § 1; SL 2005, ch 244, § 1.