The commission may compel access to any telecommunications facilities in this state. Any telecommunications company desiring access to any other company's facilities shall, if access is refused, make an application to the commission. Upon receipt of the application, the commission shall ascertain the facts in the case. If in its judgment the public service demands the access and the facilities of the applicant are in proper condition, the commission may order the access upon such terms and conditions that are found to be in the public interest and apportion the expense of the access.
S.D. Codified Laws § 49-31-15
Access to telecommunications facilities--Application to commission--Order requiring access--Apportionment of expenses
Applied in 1 court decision — leading case US West Communications, Inc. v. Public Utilities Commission (1993)
Most recently applied in US West Communications, Inc. v. Public Utilities Commission (August 1993)
Source: SDC 1939, § 52.1316; SL 1947, ch 235; SL 1987, ch 345, § 62; SL 1992, ch 328, § 23.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.