49-31-5. Promulgation of rules for conduct of business.

The commission may regulate the business of providing telecommunication service and may promulgate rules pursuant to chapter 1-26 concerning:

(1)    Requirements for telecommunications companies to maintain and make available to the public and the commission records and utility tariffs;

(2)    Requirements for telecommunications companies to provide information to customers regarding credit, deposits, services, refunds and billing rights;

(3)    Requirements that telecommunications companies must follow regarding procedures for billing customers;

(4)    Procedures and requirements for handling billing disputes, service interruptions, payment plans and refunds;

(5)    Standards and procedures for telecommunications companies to follow to ensure nondiscriminatory credit policies;

(6)    Procedures, requirements and record-keeping guidelines regarding deposit policies;

(7)    Procedures, requirements and record-keeping guidelines regarding customer refunds;

(8)    Policies for telecommunications companies to follow regarding refusal of telephone service to the public;

(9)    Policies for telecommunications companies to follow regarding disconnection of customer service;

(10)    Registration procedures, service requirements, billing practices and maximum service charges for alternative operator services in South Dakota;

(11)    Procedures and requirements for classification and reclassification proceedings;

(12)    Standards, procedures and requirements regarding the telecommunications utility investigation fund;

(13)    Application and notice procedures for the construction of telecommunications facilities; and

(14)    Requirements for filing and noticing tariff changes.

Source: SDC 1939, § 52.0260; SL 1986, ch 22, § 22; SL 1987, ch 345, § 45; SL 1990, ch 371, § 2; SL 1992, ch 328, § 10.

49-31-5.1. Telecommunications cooperatives, municipal telephone systems and independent telephone companies--Election to be regulated by commission.

Telecommunications cooperatives organized pursuant to chapters 47-15 to 47-20, inclusive, municipal telephone systems operated pursuant to chapter 9-41, and independent telephone companies serving less than fifty thousand local exchange subscribers are not subject to chapter 49-11, §§ 49-31-1.1 to 49-31-1.4, inclusive, 49-31-3.1 to 49-31-4.1, inclusive, 49-31-4.3, 49-31-5, and 49-31-6, 49-31-12 to 49-31-12.5, inclusive, and 49-31-44 to 49-31-46, inclusive.

However, any cooperative, municipality, or independent telecommunications company may elect to have its rates regulated by the commission and be subject to commission regulation for its emerging and noncompetitive telecommunications services. The election to be regulated shall be made by filing with the commission a certified copy of the resolution of the board of directors or the municipal governing body. Commission regulation shall become effective thirty days after receipt of the resolution by the commission.

Source: SL 1979, ch 314; SL 1980, ch 70, § 2; SL 1982, ch 329, § 2; SL 1987, ch 345, § 46; SL 1988, ch 375, § 27; SL 1992, ch 328, § 11; SL 1998, ch 274, § 19.

49-31-5.2. Independent telecommunications companies--Petition by subscribers for election to be regulated by commission.

An independent telecommunications company may be brought under commission regulation if no fewer than five percent of the subscribers, or twenty-five subscribers, whichever is the greater, petition the commission to hold an election of all subscribers of the company to return the company to commission regulation.

Source: SL 1982, ch 329, § 3; SL 1992, ch 328, § 12.

49-31-5.3. Independent telecommunications companies--Procedure for election by subscribers to be regulated by commission.

The ballot to be used in the election shall be approved by the independent telecommunications company and the commission. The commission shall mail ballots, at company cost, to the company's subscribers who shall return the ballots to the commission. The commission shall keep the ballots sealed until the date agreed upon by the commission and board of directors. On the date set, a commission representative and a representative of the company shall count the ballots. If a majority of the company's subscribers elect to become subject to regulation by the commission, the election shall be effective thirty days after the date the ballots are counted.

Source: SL 1982, ch 329, § 4; SL 1992, ch 328, § 13.

49-31-5.4. Independent telecommunications companies--"Subscribers" defined.

The term "subscribers" as used in §§ 49-31-5.2 and 49-31-5.3 means either the person in whose name the telecommunications service is registered or the spouse of the person unless the independent telecommunications company has been notified in writing to the contrary.

Source: SL 1982, ch 329, § 5; SL 1992, ch 328, § 14.