Chapter 31 - TELECOMMUNICATIONS SERVICES

Section 49-31-1 - Definitions
Section 49-31-1.1 - "Noncompetitive service" defined
Section 49-31-1.2 - "Emerging competitive service" defined
Section 49-31-1.3 - "Fully competitive service" defined
Section 49-31-1.4 - "Price regulation" defined-Determination of fair and reasonable price
Section 49-31-1.5 - Unsolicited telephone call defined
Section 49-31-1.6 - Established business relationship defined
Section 49-31-2 - Applicability of statutes to telecommunications companies
Section 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 as misdemeanor
Section 49-31-3.1 - Approval required for discontinuance of noncompetitive telecommunications service
Section 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
Section 49-31-3.3 - Investigation of telecommunications services-Ninety-day period-Reclassification-Burden of proof-Reclassification after 90 days
Section 49-31-3.4 - Reclassification proceeding-Factors in determining reclassification-Burden of proof-Stay of price change-Penalties and costs for spurious petition
Section 49-31-4 - Determination and approval of rates and prices by commission-Attribution of revenues, investments and expenses-Rules
Section 49-31-4.1 - Hearings on price regulation-Petition-Adoption of price regulation for noncompetitive service
Section 49-31-4.2 - Uniform prices for intrastate interexchange telecommunications services-Volume discounts-Taxes
Section 49-31-4.3 - Accounts of other businesses-Consideration by commission-Disallowance of unreasonable profits-Burden of proof
Section 49-31-5 - Promulgation of rules for conduct of business
Section 49-31-5.1 - Telecommunications cooperatives, municipal telephone systems and independent telephone companies-Election to be regulated by commission
Section 49-31-5.2 - Independent telecommunications companies-Petition by subscribers for election to be regulated by commission
Section 49-31-5.3 - Independent telecommunications companies-Procedure for election by subscribers to be regulated by commission
Section 49-31-5.4 - Independent telecommunications companies-"Subscribers" defined
Section 49-31-6 - Valuation of company property
Section 49-31-7 - Improvement of business and equipment-Notice to company from commission
Section 49-31-7.1 - Powers and duties of commission
Section 49-31-7.2 - Liability for damages unaffected
Section 49-31-7.3 - Court order to testify or produce records-Violation as contempt
Section 49-31-7.4 - Obstruction of commission-Civil fine
Section 49-31-8, 49-31-9 - [Repealed]
Section 49-31-10 - Delivery of messages to persons intended-Care required
Section 49-31-11 - Discrimination prohibited-Civil fine
Section 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
Section 49-31-12.1 - Tariff as prima facie evidence of reasonableness-Commission certified as true copy
Section 49-31-12.2 - Duties of regulated companies concerning publication and filing of rates or prices
Section 49-31-12.3 - Failure to file tariffs and agreements-Mandamus
Section 49-31-12.4 - Filing of new or changed tariff-Procedures for commission
Section 49-31-12.5 - Filing of new schedule affecting emerging competitive service-Notice and hearing-Suspension or disapproval of price or practice
Section 49-31-12.6 - Deposits into regulatory assessment fee fund
Section 49-31-12.7 - Tariffs for telecommunications services other than emerging and noncompetitive services prohibited
Section 49-31-12.8 - Availability of telecommunications services information-Notification of adverse change in rates, terms, or conditions
Section 49-31-13 - [Repealed]
Section 49-31-14 - [Repealed]
Section 49-31-14.1 - [Repealed]
Section 49-31-15 - Access to telecommunications facilities-Application to commission-Order requiring access-Apportionment of expenses
Section 49-31-16 - [Repealed]
Section 49-31-17 - [Repealed]
Section 49-31-18 - Access provided to companies doing business in same vicinity-Discrimination prohibited
Section 49-31-19 - Tariff of access charges-Approval by commission
Section 49-31-20 - Merger, consolidation, or transfer of stock or other ownership interests-Notification
Section 49-31-21 - [Repealed]
Section 49-31-22 to 49-31-24 - Transferred
Section 49-31-25 - Disclosure of contents, refusal to send or forging receipt of message as misdemeanor-Judicially ordered disclosure excepted
Section 49-31-26 - Disclosure of message without written permission of sender or addressee as misdemeanor-Judicial disclosure excepted
Section 49-31-27 - [Repealed]
Section 49-31-28 - Party line and emergency calls-Definitions
Section 49-31-29 - Intentional refusal to relinquish party line in emergency as misdemeanor
Section 49-31-29.1 - "Communication device" and "emergency" defined
Section 49-31-29.2 - Interference with emergency communication-Violation a misdemeanor
Section 49-31-30 - Securing line by claiming nonexistent emergency as misdemeanor
Section 49-31-31 - Contact by telephone or other device-Threatening, harassing, or misleading contacts-Penalty
Section 49-31-31.1 - Electronic communication device defined
Section 49-31-31.2 - Caller identification-Fictitious or misleading-Exceptions
Section 49-31-32 - Obscene telephone calls-Failure to replace receiver-Prima facie evidence of unlawfulness
Section 49-31-32.1 - Dial-a-porn communications prohibited-Violation as misdemeanor
Section 49-31-32.2 - Liability of persons for illegal use of telephone or facility under their control-Violation as misdemeanor
Section 49-31-32.3 - Each day of violation constitutes separate offense
Section 49-31-33 - Place of commission of offense committed by telephone or other electronic communication device
Section 49-31-34 - [Repealed]
Section 49-31-35 - Severability and saving clause respecting unlawful telephone calls
Section 49-31-36 - Manufacture, possession or transfer of instrument for fraudulently obtaining telecommunications service as misdemeanor
Section 49-31-37 - Obtaining telecommunications service without payment as theft
Section 49-31-38 - Violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation concerning telecommunication company regulation-Civil fine
Section 49-31-38.1 - Intentional violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation of commission-Civil fine
Section 49-31-38.2 - Additional penalty for violations-Forfeiture of franchise-Foreign corporations
Section 49-31-38.3 - Action by attorney general to forfeit franchise or enjoin transaction of business
Section 49-31-39, 49-31-40 - [Repealed]
Section 49-31-41 - Security on stay of order-Conditions
Section 49-31-42 - Proceedings before circuit court on appeal-Priority
Section 49-31-43 - [Repealed]
Section 49-31-44 - Creation of telecommunications investigation fund-Purposes of fund-Deposit by telecommunications company
Section 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
Section 49-31-46 - Payment for participation in federal proceedings
Section 49-31-47 - Communication devices and services provided to persons with disabilities
Section 49-31-48 - Telecommunication or communication device for individuals with disabilities-Dual party relay system
Section 49-31-49 - Telecommunication or communication device remains property of state for three years
Section 49-31-50 - Telecommunication funds for persons with hearing and other disabilities-Continuous appropriation
Section 49-31-50.1 - Use of funds appropriated pursuant to section 49-31-50
Section 49-31-50.2 - Rules relating to cochlear implants
Section 49-31-50.3 - Approval of vouchers-Warrants
Section 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
Section 49-31-51.1 - Promulgation of rules to administer access fee
Section 49-31-52 - Liability for uncollected fees
Section 49-31-53 - Annual review of access fee-Report to legislature
Section 49-31-54 - Administrative cost for collection of fee
Section 49-31-55 - Sources of funds in addition to access fees
Section 49-31-56 - Method of payment of expenditures
Section 49-31-56.1 - Promulgation of rules regarding telecommunications and communication services program
Section 49-31-57 - Penalty for pleading filed for improper purpose-Sanction by commission
Section 49-31-58 - Alternative methods of assigning costs for certain services
Section 49-31-59 - Procedures for approving sale of telecommunications exchanges
Section 49-31-59.1 - Legislative intent-Joint provisioning and revenue-pooling arrangements-Commission review and approval-Exemptions-Construction
Section 49-31-60 - Telecommunications infrastructure-Legislative intent
Section 49-31-61 - Public Communications Network Infrastructure-Composition
Section 49-31-62 to 49-31-68 - [Repealed]
Section 49-31-69 - Certificate of authority for construction of telecommunications facility-Extension outside local exchange service area application-Amended certificate
Section 49-31-70 - Application for certificate of authority-Notice
Section 49-31-71 - Certificate of authority-Notice and hearing
Section 49-31-72 - Certificate of authority-Time limit for decision
Section 49-31-73 - Rural service areas-Services-Waiver
Section 49-31-74 - Certificate of authority-Retroactive application-Alterations or additions
Section 49-31-75 - Certificate of authority-Commission approval-Violations
Section 49-31-76 - Commission to adopt rules addressing competitive provisions
Section 49-31-77 - Commission may promulgate rules establishing service quality standards
Section 49-31-78 - Commission shall designate eligible telecommunications carrier for service area-Right to relinquish designation
Section 49-31-79 - Requirements of rural telephone company
Section 49-31-80 - Suspension or modification to carrier with small service area
Section 49-31-81 - Carrier to provide services to competitive telecommunications services provider
Section 49-31-82 - Certain resale restrictions permitted
Section 49-31-83 - Telecommunications companies may form associations-Policy restrictions
Section 49-31-84 - Telecommunication companies may grant incentives to meet competition
Section 49-31-85 - Commission to establish quality of service standards
Section 49-31-86 - Restrictions on price changes for local exchange service-Exemption for promotions
Section 49-31-86.1 - Limitation on promotions
Section 49-31-86.2 - Exemption of section 49-31-86 to take effect December 31, 2000 for certain carriers
Section 49-31-87 - Dialing parity to be implemented
Section 49-31-88 - Companies not exempt from state or federal law
Section 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
Section 49-31-90 - Third-party verification-Requirements
Section 49-31-91 - Criteria to be met by third-party verification company
Section 49-31-92 - Separate authorization required for each service
Section 49-31-93 - Subscriber not liable for unauthorized change of carrier, products or services-Company to compensate subscriber
Section 49-31-94 - Penalties for violation-Disposition of fines collected
Section 49-31-95 - Commission authorized to investigate complaints
Section 49-31-96 - Costs of commission proceedings may be assessed against company-Objection
Section 49-31-97 - "Subscriber" defined
Section 49-31-98 - Agencies to establish cost recovery mechanism for certain mandated services-Exemption
Section 49-31-99 - Requirements for telephone solicitors making unsolicited calls
Section 49-31-100 - Operation of and subscription to register-Fees
Section 49-31-101 - State "do-not-call" register
Section 49-31-102 - Copy of register required for telephone solicitors making unsolicited calls
Section 49-31-103 - Commission may use national "do-not-call" registry
Section 49-31-104 - Telephone solicitation account established
Section 49-31-105 - Annual fee for unsolicited calls by telephone solicitors
Section 49-31-106 - Commission may use gross receipts tax fund for implementation-Funds to be returned after register implemented
Section 49-31-107 - Telecommunications companies to notify customers of certain provisions
Section 49-31-108 - Telephone solicitation-Violations-Civil penalty
Section 49-31-109 - Definitions
Section 49-31-110 - Local telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges
Section 49-31-111 - Nonlocal telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges
Section 49-31-112 - Transiting carrier required to deliver signaling information with telecommunications traffic-Liability for failure to deliver
Section 49-31-113 - Transit traffic or billing records to be provided by transiting carrier
Section 49-31-114 - Complaint procedure-Provisional remedies
Section 49-31-115 - Promulgation of rules
Section 49-31-116 - Required notice to subscribers of automatic renewal dates in certain telecommunications contracts
Section 49-31-117 - Commission disbursement of certain bond or other proceeds to affected customers-Interest
Section 49-31-118 - Wireless telephone number information in wireless directory assistance service database-Authorization for inclusion or sale
Section 49-31-119 - Charge for exclusion of number from wireless directory assistance service database prohibited
Section 49-31-120 - Definitions
Section 49-31-121 - Obtaining confidential communications records without authorization from customer as misdemeanor
Section 49-31-122 - Selling confidential communications records without authorization from customer as felony
Section 49-31-123 - Law enforcement permitted to obtain confidential communications records pursuant to subpoena or court order
Section 49-31-124 - Communications provider permitted to obtain confidential communications records through agents
Section 49-31-125 - Communications provider permitted to obtain confidential communications records in connection with sale of business or migration of customer
Section 49-31-126 - Civil action for violation-Double damages, costs, and attorney's fees