South Carolina Code 58-11-100. Certificate of public convenience as prerequisite to construction or operation of system; applicability to commercial mobile service providers
(B) Notwithstanding the provisions of subsection (A) or another provision of law, neither the commission nor the Office of Regulatory Staff may 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.
Terms Used In South Carolina Code 58-11-100
- commission: means the Public Service Commission of the State of South Carolina. See South Carolina Code 58-11-10
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- public: means the public generally, or any limited portion of the public, including a person or corporation. See South Carolina Code 58-11-10
- radio common carrier: includes persons and corporations, their lessees, assignees, trustees, receivers, or other successors in interest now or hereafter owning or operating in this State equipment or facilities for the transmission of intelligence by a modulated radio frequency signal, for compensation to the public, including all things incident thereto and related to the operation of radio transmission, but shall not include telephone utilities or services regulated by Articles 1 through 13 of Chapter 9 of Title 58 of the 1976 Code. See South Carolina Code 58-11-10
- regulatory staff: means the executive director or the executive director and the employees of the Office of Regulatory Staff. See South Carolina Code 58-11-10
(C) Nothing in this section affects any jurisdiction conferred upon the commission by § 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. § 214(e), or as carriers of last resort, as defined in § 58-9-10(10), the same rules, requirements, or standards that are generally applicable to carriers that are subject to alternative regulation under § 58-9-576 and that operate as eligible telecommunications carriers or as carriers of last resort.