34-45-1. Definitions. Terms used in this chapter mean:

(1) "Basic 911," any service which provides the user of a calling device, which utilizes any communications technology, the ability to reach a public safety answering point to report police, fire, medical, or other emergency situations by dialing 911;

(2) "Board," the South Dakota 911 Coordination Board created pursuant to § 34-45-18;

(3) "Enhanced 911," any system which provides the user of a calling device, which utilizes any communications technology, the ability to reach a public safety answering point by dialing the digits 911, and which routes that call to the appropriate public safety answer point and which automatically provides information about the service user to a 911 dispatcher including the user's name, location, call back number, and assigned emergency responders;

(4) "Governing body," the board of county commissioners of a county or the governing body of a municipality;

(5) "Interconnected Voice-over Internet Protocol (VoIP) service," any service with the following characteristics:

(a) Enables real-time two-way voice communication;

(b) Requires a broadband connection from the user's location;

(c) Requires internet protocol-compatible customer premise equipment; and

(d) Permits users generally to receive calls that originate and terminate on the public switched telephone network;

(6) "911 emergency reporting system" or "911 system," any telecommunications service system consisting of network, database, and on-premises equipment which utilizes the single three-digit number 911 for reporting police, fire, medical, or other emergency situation;

(7) "911 emergency surcharge," any charge set by this chapter and assessed on any service user of any telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service, which physically terminates or originates within the governing body's designated 911 service area. The 911 emergency surcharge shall be assessed and remitted for Interconnected Voice over Internet Protocol and wireless telecommunications service based upon the service user's place of primary use. Notwithstanding any other provision of this chapter and for purposes of the surcharge imposed by this chapter, the surcharge imposed upon wireless telecommunication services shall be administered in accordance with 4 U.S.C. §§ 116-126;

(8) "Nonrecurring costs," any capital or start-up expenditure such as telecommunications equipment, software, database, initial training, and the purchase or lease of subscriber names, addresses, and telephone information;

(9) "Place of primary use," the street address where the customer's use of the communications service primarily occurs or the customer's registered location on the date the customer is billed;

(10) "Prepaid wireless service consumer," any person who purchases prepaid wireless telecommunications service in a retail transaction;

(11) "Prepaid wireless service provider," any person that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission;

(12) "Prepaid wireless service seller," any person who sells prepaid wireless telecommunications service to prepaid wireless service consumer;

(13) "Prepaid wireless telecommunications service," any telecommunications service that provides the right to utilize a mobile wireless service as well as other nontelecommunications services, including the download of digital products delivered electronically, content and ancillary services, which are paid for in advance and sold in predetermined units or dollars which decline with use in a known amount;

(14) "Public agency," any county or municipality that has adopted an ordinance pursuant to § 34-45-2;

(15) "Public safety answering point," any twenty-four hour communications facility which receives all 911 service calls and reroutes the requestor or information to appropriate public or private safety agencies;

(16) "Recurring costs," any costs such as network access fee and other telephone charges, software, equipment, database management, maintenance, charges to maintain database of subscriber names, addresses, and telephone information from the local exchange access company. Recurring costs may include personnel expenses for a public safety answering point;

(17) "Registered location," the most recent information obtained by an Interconnected Voice over Internet Protocol service provider that identifies the physical location of an end user;

(18) "Service provider," any person or entity providing, offering to provide, or selling telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service;

(19) "Service supplier," any person or entity who provides or offers to provide 911 system equipment, installation, maintenance, or exchange access services within the 911 service access area;

(20) "Service user," any person who purchases telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service in this state without intent for resale;

(21) "Service user line," the means by which a service user may place a call to a public safety answering point through the use of a telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service. In the case of multi-station network systems, service user lines shall be equal to the number of calls that can simultaneously be made from such system to the public switched telephone network;

(22) "Telecommunications service," the transmission of signs, signals, writings, images, sounds, messages, data, or other information of any nature by wire, radio, lightwave, electromagnetic means, or other similar means. The term does not include the provision of terminal equipment used to originate or terminate such service, broadcast transmissions by radio, television, and satellite stations regulated by the Federal Communications Commission and one-way cable television service;

(23) "Wireless telecommunications service," commercial mobile radio service, as such term is defined in 47 C.F.R. 203 as of January 1, 2008.Source: SL 1989, ch 303, § 1; SL 1992, ch 60 § 2; SL 1993, ch 255, § 1; SL 1995, ch 200; SL 2002, ch 61, § 3; SL 2006, ch 188, §1; SL 2008, ch 176, § 1; SL 2012, ch 188, § 22.