H 5066 General Bill, By Cato, Sandifer, G. Brown, Hamilton, Lee, Limehouse and 
Huggins
 A BILL TO AMEND SECTION 58-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO CERTIFICATES OF PUBLIC CONVENIENCE REQUIRED TO BE OBTAINED PRIOR
 TO THE CONSTRUCTION OR OPERATION OF ANY RADIO COMMERCIAL CARRIER SYSTEM, SO AS
 TO PROVIDE THAT THE COMMISSION IS NOT EMPOWERED TO IMPOSE ANY REQUIREMENTS OR
 OTHERWISE REGULATE "COMMERCIAL MOBILE SERVICE" AS DEFINED UNDER FEDERAL LAW
 AND TO PROVIDE FOR THE MANNER IN WHICH CUSTOMER COMPLAINTS REGARDING
 COMMERCIAL MOBILE SERVICE MUST BE PROCESSED.

   03/31/04  House  Introduced and read first time HJ-37
   03/31/04  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-37
   04/01/04  House  Member(s) request name added as sponsor: Huggins

TO AMEND SECTION 58-11-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF PUBLIC CONVENIENCE REQUIRED TO BE OBTAINED PRIOR TO THE CONSTRUCTION OR OPERATION OF ANY RADIO COMMERCIAL CARRIER SYSTEM, SO AS TO PROVIDE THAT THE COMMISSION IS NOT EMPOWERED TO IMPOSE ANY REQUIREMENTS OR OTHERWISE REGULATE "COMMERCIAL MOBILE SERVICE" AS DEFINED UNDER FEDERAL LAW AND TO PROVIDE FOR THE MANNER IN WHICH CUSTOMER COMPLAINTS REGARDING COMMERCIAL MOBILE SERVICE MUST BE PROCESSED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 58-11-100 of the 1976 Code is amended to read:

"Section 58-11-100.    (A)    No radio common carrier shall hereafter begin or continue the construction or operation of any radio common carrier system, either directly or indirectly, without first obtaining from the commission a certificate that the public convenience and necessity requires such construction or operation.     (B)    Notwithstanding the provisions of subsection (A) or any other provision of law, the commission may not impose any requirements related to the terms, conditions, rates, or availability of, or otherwise regulate, 'commercial mobile service' as that term is defined in 47 U.S.C. 332(d)(1).

(C)    Nothing in this section affects any jurisdiction conferred upon the commission by Section 58-9-280(E)(3).

(D)    Customers of commercial mobile type service may submit complaints regarding the offerings to the commission, and the commission may provide a copy of the complaints to the qualifying commercial mobile service provider referenced in the complaints. The commission may endeavor to facilitate a voluntary and mutually-acceptable resolution of the complaints."

SECTION    2.    This act takes effect upon approval by the Governor.