South Dakota § 49-31-12.5 - Filing of new schedule affecting emerging competitive service--Notice and hearing--Suspension or disapproval of price or practice.
Full text of South Dakota South Dakota Codified Laws § 49-31-12.5 — Filing of new schedule affecting emerging competitive service--Notice and hearing--Suspension or disapproval of price or practice., with citation guidance and answers to common questions.
§ 49-31-12.5. Filing of new schedule affecting emerging competitive service--Notice and hearing--Suspension or disapproval of price or practice.
If a telecommunications company files with the commission any tariff stating a new price or a change in price or practice affecting any emerging competitive telecommunications service, the commission:
(1) Shall permit any proposed change in price or practice to be effective upon twenty days' notice to the commission and the customers affected by the change;
(2) May, upon receiving a petition to intervene or upon its own motion, conduct a hearing to determine whether any new price or change in price or practice is fair and reasonable. Any petition to intervene or motion shall be filed or made within twenty days after the filing of the price or practice. The burden of proof is on the company to show that any new price or change in price or practice is fair and reasonable. Any hearing shall be completed and any order of the commission shall be issued within one hundred twenty days after the effective date of the tariff filed;
(3) May, if the petition to intervene or motion alleges improper cross subsidization in violation of § 49-31-4 or unjust or unreasonable discrimination pursuant to § 49-31-11, suspend the effective date of any new price or a change in price or practice, if the commission determines that any remedial order of the commission pursuant to chapter 49-13 will not adequately protect a party from irreparable harm. Any suspension may not exceed thirty days following the effective date of the tariff filed; and
(4) Shall, after notice and hearing, disapprove any price or practice found to be unfair and unreasonable and may order a refund with interest of any portion of the change found to be unfair and unreasonable. During any proceedings under this section, a telecommunications company shall keep accurate records of the amounts collected as a result of the increased price in the event of a refund at the conclusion of all proceedings.
Source: SL 1988, ch 375, § 21; SL 1992, ch 328, § 21.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 49-31-12.5
What does South Dakota Codified Laws § 49-31-12.5 cover?
Section 49-31-12.5 ("Filing of new schedule affecting emerging competitive service--Notice and hearing--Suspension or disapproval of price or practice.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 49-31-12.5?
A common citation format is "South Dakota Codified Laws § 49-31-12.5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 49-31-12.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.