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A40, R43, H3634
Sponsors: Reps. Sandifer and Cato
Document Path: l:\council\bills\gjk\20263sd05.doc
Introduced in the House on February 24, 2005
Introduced in the Senate on March 15, 2005
Last Amended on March 31, 2005
Passed by the General Assembly on April 7, 2005
Governor's Action: April 15, 2005, Signed
Summary: Radio common carrier must obtain a certificate of public convenience and necessity from the Public Service Commission
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/24/2005 House Introduced and read first time HJ-8 2/24/2005 House Referred to Committee on Labor, Commerce and Industry HJ-8 3/9/2005 House Committee report: Favorable with amendment Labor, Commerce and Industry HJ-1 3/10/2005 House Amended HJ-21 3/10/2005 House Read second time HJ-22 3/10/2005 House Unanimous consent for third reading on next legislative day HJ-22 3/11/2005 House Read third time and sent to Senate HJ-1 3/15/2005 Senate Introduced and read first time SJ-15 3/15/2005 Senate Referred to Committee on Judiciary SJ-15 3/31/2005 Senate Committee report: Favorable with amendment Judiciary SJ-21 3/31/2005 Senate Amended SJ-26 3/31/2005 Senate Read second time SJ-26 4/4/2005 Scrivener's error corrected SJ-12 4/5/2005 Senate Read third time and returned to House with amendments SJ-12 4/7/2005 House Concurred in Senate amendment and enrolled HJ-21 4/12/2005 Ratified R 43 4/15/2005 Signed By Governor 4/21/2005 Copies available 4/21/2005 Effective date 04/15/05 4/25/2005 Act No. 40
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VERSIONS OF THIS BILL
(A40, R43, H3634)
AN ACT TO AMEND SECTION 58-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A RADIO COMMON CARRIER TO CONSTRUCT OR OPERATE A RADIO COMMON CARRIER SYSTEM MUST FIRST OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE COMMISSION MAY REGULATE "COMMERCIAL MOBILE SERVICE" PROVIDERS.
Be it enacted by the General Assembly of the State of South Carolina:
Commercial mobile service providers
SECTION 1. Section 58-11-100 of the 1976 Code is amended to read:
"Section 58-11-100. (A) No radio common carrier shall begin or continue the construction or operation of a radio common carrier system, either directly or indirectly, without first obtaining from the commission a certificate that the public convenience and necessity requires the construction or operation.
(B) Notwithstanding the provisions of subsection (A) or another provision of law, the commission may not impose requirements related to the terms, conditions, rates, or availability of, or otherwise regulate 'commercial mobile service' as that term is presently defined in 47 U.S.C.A. Section 332(d)(1) for as long as Section 332 of 47 U.S.C. or similar federal legislation remains in effect.
(C) Nothing in this section affects any jurisdiction conferred upon the commission by Section 58-9-280(E)(3).
(D) Nothing in this section affects the commission's jurisdiction or authority to address and resolve issues relating to arrangements and compensation between telecommunications carriers and commercial mobile service providers, pursuant to 47 U.S.C. Sections 251 and 252 or pursuant to other applicable provisions of law.
(E) Nothing in this section shall prohibit the commission from applying to commercial mobile service providers that have sought and received designation from the commission, and operate as eligible telecommunications carriers, pursuant to 47 U.S.C. Section 214(e), or as carriers of last resort, as defined in Section 58-9-10(10), the same rules, requirements, or standards that are generally applicable to carriers that are subject to alternative regulation under Section 58-9-576 and that operate as eligible telecommunications carriers or as carriers of last resort."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 12th day of April, 2005.
Approved the 15th day of April, 2005.
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