State of South Dakota
|
SEVENTY-THIRD
SESSION
LEGISLATIVE ASSEMBLY, 1998 |
446B0646 |
HOUSE STATE AFFAIRS COMMITTEE
ENGROSSED
NO.
HB1173
-
2/9/98
|
Introduced by: Representative Hunt and Senator Everist |
FOR AN ACT ENTITLED, An Act
to revise the procedures to confirm a change of designated
telecommunications companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 37-30A-9 be amended to read as follows:
37-30A-9. Notwithstanding the provisions of § 37-30A-8, no person may change the designated telecommunications company as defined in § 49-31-1(9) which is providing service to a consumer without the written confirmation
of
in the form of a letter of agency from
that
consumer
or confirmation by a third-party verification company. The third-party verification
company shall meet each of the following criteria:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 37-30A-9 be amended to read as follows:
37-30A-9. Notwithstanding the provisions of § 37-30A-8, no person may change the designated telecommunications company as defined in § 49-31-1(9) which is providing service to a consumer without the written confirmation
(1) Be independent of the telecommunications company that seeks to provide the
consumer's new service;
(2) Not be directly managed, controlled, or directed, or owned wholly or in part, by the
telecommunications company that seeks to provide the consumer's new service;
(3) Operate from facilities physically separate from those of the telecommunications
company that seeks to provide the consumer's new service; and
(4) Not derive commissions or compensation based upon the number of sales confirmed.
The telecommunications company that seeks to provide the consumer's new service shall
connect the consumer by telephone to the third-party verification company or shall arrange for
the third-party verification company to call the consumer to confirm the change. The third-party
verification company shall obtain the consumer's oral confirmation regarding the change and
shall record that confirmation. The record shall include the information requested by the third-
party verification company and the consumer's responses. The third-party verification company
shall retain that record for twelve months. The record shall be available to the Public Utilities
Commission and to the consumer at no cost. No information obtained from the consumer may
be used for marketing purposes. If the telecommunications company or a third-party verification
company acting on its behalf fails to comply with these third-party verification provisions, the
Public Utilities Commission may revoke the telecommunication company's certificate of
authority and may impose a civil fine of not less than two hundred dollars nor more than one
thousand dollars for each offense.
It is a violation of this Act for any person to make such an
unauthorized change.
BILL HISTORY
1/21/98 First read in House and referred to State Affairs. H.J. 145
1/30/98 Scheduled for Committee hearing on this date.
1/30/98 Deferred to 36th legislative day, AYES 11, NAYS 2. H.J. 316
2/6/98 State Affairs Reconsidered, AYES 10, NAYS 0.
2/6/98 State Affairs Do Pass Amended, Passed, AYES 9, NAYS 1. H.J. 425
BILL HISTORY
1/21/98 First read in House and referred to State Affairs. H.J. 145
1/30/98 Scheduled for Committee hearing on this date.
1/30/98 Deferred to 36th legislative day, AYES 11, NAYS 2. H.J. 316
2/6/98 State Affairs Reconsidered, AYES 10, NAYS 0.
2/6/98 State Affairs Do Pass Amended, Passed, AYES 9, NAYS 1. H.J. 425