South Carolina General Assembly
115th Session, 2003-2004

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H. 5066

STATUS INFORMATION

General Bill
Sponsors: Reps. Cato, Sandifer, G. Brown, Hamilton, Lee, Limehouse and Huggins
Document Path: l:\council\bills\gjk\21008sd04.doc

Introduced in the House on March 31, 2004
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Regulation of commercial mobile service

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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   3/31/2004  House   Introduced and read first time HJ-37
   3/31/2004  House   Referred to Committee on Labor, Commerce and Industry 
                        HJ-37
    4/1/2004  House   Member(s) request name added as sponsor: Huggins

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/31/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

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.

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