"Noncompetitive service" defined.
"Emerging competitive service" defined.
"Fully competitive service" defined.
"Price regulation" defined--Determination of fair and reasonable price.
Unsolicited telephone call defined.
Established business relationship defined.
Applicability of statutes to telecommunications companies.
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.
Approval required for discontinuance of noncompetitive telecommunications
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.
Investigation of telecommunications services--Ninety-day period--Reclassification--Burden of proof--Reclassification after 90 days.
Reclassification proceeding--Factors in determining reclassification--Burden of
proof--Stay of price change--Penalties and costs for spurious petition.
Determination and approval of rates and prices by commission--Attribution of
revenues, investments and expenses--Rules.
Hearings on price regulation--Petition--Adoption of price regulation for
Uniform prices for intrastate interexchange telecommunications services--Volume discounts--Taxes.
Accounts of other businesses--Consideration by commission--Disallowance of
unreasonable profits--Burden of proof.
Promulgation of rules for conduct of business.
Telecommunications cooperatives, municipal telephone systems and independent
telephone companies--Election to be regulated by commission.
Independent telecommunications companies--Petition by subscribers for election
to be regulated by commission.
Independent telecommunications companies--Procedure for election by
subscribers to be regulated by commission.
Independent telecommunications companies--"Subscribers" defined.
Valuation of company property.
Improvement of business and equipment--Notice to company from commission.
Powers and duties of commission.
Liability for damages unaffected.
Court order to testify or produce records--Violation as contempt.
Obstruction of commission--Civil fine.
49-31-8, 49-31-9. Repealed.
Delivery of messages to persons intended--Care required.
Discrimination prohibited--Civil fine.
Commission to make rate or price schedule--Different rates or prices for different
companies or services--Revision of rates--Notice to companies.
Tariff as prima facie evidence of reasonableness--Commission certified as true
Duties of regulated companies concerning publication and filing of rates or
Failure to file tariffs and agreements--Mandamus.
Filing of new or changed tariff--Procedures for commission.
Filing of new schedule affecting emerging competitive service--Notice and
hearing--Suspension or disapproval of price or practice.
Deposits into regulatory assessment fee fund.
Tariffs for telecommunications services other than emerging and noncompetitive
Availability of telecommunications services information--Notification of adverse
change in rates, terms, or conditions.
Access to telecommunications facilities--Application to commission--Order
requiring access--Apportionment of expenses.
Access provided to companies doing business in same vicinity--Discrimination
Tariff of access charges--Approval by commission.
Merger, consolidation, or transfer of stock or other ownership interests--Notification.
49-31-22 to 49-31-24. Transferred.
Disclosure of contents, refusal to send or forging receipt of message as
misdemeanor--Judicially ordered disclosure excepted.
Disclosure of message without written permission of sender or addressee as
misdemeanor--Judicial disclosure excepted.
Party line and emergency calls--Definitions.
Intentional refusal to relinquish party line in emergency as misdemeanor.
"Communication device" and "emergency" defined.
Interference with emergency communication--Violation a misdemeanor.
Securing line by claiming nonexistent emergency as misdemeanor.
Threatening or harassing contacts by telephone or other electronic
communication device as misdemeanor.
Electronic communication device defined.
Obscene telephone calls--Failure to replace receiver--Prima facie evidence of
Dial-a-porn communications prohibited--Violation as misdemeanor.
Liability of persons for illegal use of telephone or facility under their control--Violation as misdemeanor.
Each day of violation constitutes separate offense.
Place of commission of offense committed by telephone or other electronic
Severability and saving clause respecting unlawful telephone calls.
Manufacture, possession or transfer of instrument for fraudulently obtaining
telecommunications service as misdemeanor.
Obtaining telecommunications service without payment as theft.
Violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or
regulation concerning telecommunication company regulation--Civil fine.
Intentional violation of provision of chapters 49-1A, 49-13, and 49-31 and of
order, rule, or regulation of commission--Civil fine.
Additional penalty for violations--Forfeiture of franchise--Foreign corporations.
Action by attorney general to forfeit franchise or enjoin transaction of business.
, 49-31-40. Repealed.
Security on stay of order--Conditions.
Proceedings before circuit court on appeal--Priority.
Creation of telecommunications investigation fund--Purposes of fund--Deposit
by telecommunications company.
Payment of investigation and hearing expenses--Procedure for payment--Accounting of company's deposit--Notice and order as to amount to be returned.
Payment for participation in federal proceedings.
Communication devices and services provided to persons with disabilities.
Telecommunication or communication device for individuals with disabilities--Dual party relay system.
Telecommunication or communication device remains property of state for three
Telecommunication funds for persons with hearing and other disabilities--Continuous appropriation.
Use of funds appropriated pursuant to § 49-31-50.
Rules relating to cochlear implants.
Approval of vouchers--Warrants.
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.
Promulgation of rules to administer access fee.
Liability for uncollected fees.
Annual review of access fee--Report to legislature.
Administrative cost for collection of fee.
Sources of funds in addition to access fees.
Method of payment of expenditures.
Promulgation of rules regarding telecommunications and communication services
Penalty for pleading filed for improper purpose--Sanction by commission.
Alternative methods of assigning costs for certain services.
Procedures for approving sale of telecommunications exchanges.
Legislative intent--Joint provisioning and revenue-pooling arrangements--Commission review and approval--Exemptions--Construction.
Telecommunications infrastructure--Legislative intent.
Public Communications Network Infrastructure--Composition.
to 49-31-68. Repealed.
Certificate of authority for construction of telecommunications facility--Extension outside local exchange service area application--Amended certificate.
Application for certificate of authority--Notice.
Certificate of authority--Notice and hearing.
Certificate of authority--Time limit for decision.
Rural service areas--Services--Waiver.
Certificate of authority--Retroactive application--Alterations or additions.
Certificate of authority--Commission approval--Violations.
Commission to adopt rules addressing competitive provisions.
Commission may promulgate rules establishing service quality standards.
Commission shall designate eligible telecommunications carrier for service area--Right to relinquish designation.
Requirements of rural telephone company.
Suspension or modification to carrier with small service area.
Carrier to provide services to competitive telecommunications services provider.
Certain resale restrictions permitted.
Telecommunications companies may form associations--Policy restrictions.
Telecommunication companies may grant incentives to meet competition.
Commission to establish quality of service standards.
Restrictions on price changes for local exchange service--Exemption for
Limitation on promotions.
Exemption of § 49-31-86 to take effect December 31, 2000 for certain carriers.
Dialing parity to be implemented.
Companies not exempt from state or federal law.
Telecommunications company, services or product not to be changed without
subscriber authorization--Evidence of authorization--Commission authorized to
promulgate rules--Scope of rules.
Criteria to be met by third-party verification company.
Separate authorization required for each service.
Subscriber not liable for unauthorized change of carrier, products or services--Company to compensate subscriber.
Penalties for violation--Disposition of fines collected.
Commission authorized to investigate complaints.
Costs of commission proceedings may be assessed against company--Objection.
Agencies to establish cost recovery mechanism for certain mandated services--Exemption.
Requirements for telephone solicitors making unsolicited calls.
Operation of and subscription to register--Fees.
State "do-not-call" register.
Copy of register required for telephone solicitors making unsolicited calls.
Commission may use national "do-not-call" registry.
Telephone solicitation account established.
Annual fee for unsolicited calls by telephone solicitors.
Commission may use gross receipts tax fund for implementation--Funds to be
returned after register implemented.
Telecommunications companies to notify customers of certain provisions.
Violators subject to civil penalty imposed by commission.
Local telecommunications traffic signaling information required to be provided
by originating carrier to terminating carrier to assess charges.
Nonlocal telecommunications traffic signaling information required to be
provided by originating carrier to terminating carrier to assess charges.
Transiting carrier required to deliver signaling information with
telecommunications traffic--Liability for failure to deliver.
Transit traffic or billing records to be provided by transiting carrier.
Complaint procedure--Provisional remedies.
Promulgation of rules.
Required notice to subscribers of automatic renewal dates in certain
Commission disbursement of certain bond or other proceeds to affected
Wireless telephone number information in wireless directory assistance service
database--Authorization for inclusion or sale.
Charge for exclusion of number from wireless directory assistance service
Obtaining confidential communications records without authorization from
customer as misdemeanor.
Selling confidential communications records without authorization from
customer as felony.
Law enforcement permitted to obtain confidential communications records
pursuant to subpoena or court order.
Communications provider permitted to obtain confidential communications
records through agents.
Communications provider permitted to obtain confidential communications
records in connection with sale of business or migration of customer.
Civil action for violation--Double damages, costs, and attorney's fees.
Get Chapter 49-31