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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO COMMUNICATIONS SERVICE PROVIDER OR PARENT, SUBSIDIARY, OR AFFILIATE OF SUCH A PROVIDER MAY ENTER INTO ANY CONTRACT OR AGREEMENT THAT REQUIRES ANOTHER PERSON TO RESTRICT OR LIMIT THE ABILITY OF ANY OTHER COMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE COMMUNICATIONS SERVICES IN THIS STATE OR OTHERWISE DENY OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER COMMUNICATIONS SERVICE PROVIDER; OR OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY OR THE OWNER'S AGENT THAT ARE CONTINGENT UPON THE PROVISION OF COMMUNICATIONS SERVICE ON THE PREMISES BY A SINGLE COMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, TO DEFINE THE TERM "COMMUNICATIONS SERVICE PROVIDER" FOR THIS PURPOSE, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-295. (A) No communications service provider or a parent company, subsidiary, or affiliate of such a provider shall enter into any contract, agreement, or arrangement, oral or written, with a person or entity that:
(1) requires a person or entity to restrict or limit the ability of any other communications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide communications services in this State or otherwise deny or restrict access to the real property by any other communications service provider; or
(2) offers or grants incentives or rewards to an owner of real property or the owner's agent that are contingent upon the provision of communications service on the premises by a single communications service provider.
(B) Nothing in this section prohibits a user or prospective user of communications service from entering into a lawful agreement with a communications service provider with respect to the user or prospective user's own communications service.
(C) All contracts, agreements, or arrangements in violation of subsection (A) made on or after the effective date of this section are void and unenforceable.
(D) Nothing in this section shall prohibit a small local exchange carrier as defined in Section 58-9-10(14) from entering into exclusive provider contracts, arrangements, or agreements, so long as the small local exchange carrier, including its affiliates or subsidiaries does not offer service beyond its service territory and has not received a bona fide request to offer interconnection as described under 47 U.S.C. Section 251(f).
(E) A communications service provider who violates the provisions of this section is subject to a monetary penalty of not less than five hundred nor more than five thousand dollars for each violation and also may be required to pay reasonable attorneys' fees. Each day that a contract, agreement, or arrangement prohibited by this section remains in force or effect shall constitute a separate violation as provided in Section 58-9-1620.
(F) For purposes of this section, 'communications service provider' means a telephone utility as defined in Section 58-9-10(6), a government-owned communications provider as defined in Section 58-9-2610(1), a telephone cooperative as defined in Section 33-46-20(4), or a person or entity providing telephone, voice-over internet protocol, similar voice service, or any other replacement service for voice communication, or allowing another entity to use its facilities for the purpose of providing these services."
SECTION 2. This act takes effect upon approval by the Governor.
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