49-31-44.   Creation of telecommunications investigation fund--Purposes of fund--Deposit by telecommunications company. There is hereby created a fund within the state treasury to be known as the telecommunications investigation fund which shall be used by the commission to defray the expenses of conducting investigations or public hearings relating to §§ 49-31-3.2 to 49-31-3.4, inclusive, 49-31-4, and 49-31-4.1, or arbitration proceedings conducted pursuant to 47 U.S.C. § 252 as of January 1, 1998. Each telecommunications company as defined in subdivision 49-31-1(26) that is a party to an official docket to exercise commission authority pursuant to §§ 49-31-3.2 to 49-31-3.4, inclusive, 49-31-4 and 49-31-4.1, or arbitration proceedings conducted pursuant to 47 U.S.C. § 252 as of January 1, 1998, shall make a deposit not to exceed seventy-five thousand dollars in the telecommunications investigation fund. The amount and the division of the deposit among the companies, if any, shall be designated by commission order. However, any costs incurred related to arbitration proceedings conducted pursuant to 47 U.S.C. § 252 as of January 1, 1998, shall be shared equally among the parties. The commission shall use the deposit to defray the expense incident to conducting the hearing or investigation of the company making the deposit. The deposit is appropriated to the use of the commission for such purpose. The funds necessary for such expenses are hereby authorized to be expended.

Source: SL 1951, ch 260, § 1; SL 1953, ch 280, § 1; SDC Supp 1960, § 52.0273; SDCL, § 49-10-28; SL 1987, ch 345, § 82; SL 1988, ch 375, § 30; SL 1991, ch 381, § 11; SL 1998, ch 274, § 26.

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