49-31-4 Determination and approval of rates and prices by commission--Attribution of revenues, inv...
49-31-4.
Determination and approval of rates and prices by commission--Attribution of
revenues, investments and expenses--Rules.
Any charge established for the provision of
telecommunications services shall be fair and reasonable. The commission shall determine and
approve individual rates to be charged by any telecommunications company for a noncompetitive
service pursuant to § 49-31-1.4, if applicable, and pursuant to §§ 49-31-12, 49-31-12.2 and 49-31-12.4. Except as provided in § 49-31-4.1, the commission shall utilize rate of return regulation when
determining the charge for a noncompetitive service.
The commission shall determine and approve individual prices to be charged by a
telecommunications company for any emerging competitive service pursuant to §§ 49-31-1.4, 49-31-12, 49-31-12.2 and 49-31-12.5. However, there is no rate of return regulation of emerging
competitive services and no rate of return or price regulation of fully competitive services.
The commission shall separate, assign and distribute a telecommunications company's revenues,
investments, and expenses among all services offered. The commission shall, by rules promulgated
pursuant to chapter 1-26, prescribe the methodologies by which a telecommunications company shall
segregate its revenues, investments and expenses. The methodologies prescribed by the rules shall
be in accord with federal and state law. No telecommunications company may use the revenues from
emerging competitive services to subsidize fully competitive services or revenues from
noncompetitive services to subsidize emerging competitive services or fully competitive services.
Expenses and investment of fully competitive services may not be attributed to emerging competitive
services or noncompetitive services and the expenses and investment of emerging competitive
services may not be attributed to noncompetitive services.
Rates being charged by a telecommunications company on July 1, 1988, shall be deemed to be
the fair, reasonable, and effective rates until changed or altered pursuant to this chapter.
Source: SDC 1939, § 52.1302; SL 1987, ch 345, § 44; SL 1988, ch 375, § 11; SL 1992, ch 328, § 7.