Cybertelecom Federal Internet Law & Policy An Educational Project

South Carolina

Cybercrime

S.C. CODE § 16-16-10(l) "Unauthorized access" means access of a computer, computer system, or computer network not explicitly or implicitly authorized by the appropriate principal of the computer, computer system, or computer network.

16-16-20 (1) It is unlawful for a person to wilfully, knowingly, maliciously, and without authorization or for an unauthorized purpose to:
(a) directly or indirectly access or cause to be accessed a computer, computer system, or computer network for the purpose of:
(i) devising or executing a scheme or artifice to defraud;
(ii) obtaining money, property, or services by means of false or fraudulent pretenses, representations, promises; or
(iii) committing any other crime.
(b) alter, damage, destroy, or modify a computer, computer system, computer network, computer software, computer program, or data contained in that computer, computer system, computer program, or computer network or introduce a computer contaminant into that computer, computer system, computer program, or computer network.

Municipal Broadband

• Charleston: Pennisula wide wifi* net completion date Jan 2006 | Wifi | Access Charleston.com | Investment reported came from private sector, not public sector | Winning bid paid $500k for a 5 year contract* | Subsidies $0* | Vendors: Widespread Access & The Evening Post Publishing Company | Free up to 250 kbps; Home account $45/month up to 3 mbps |
  • WiFi almost ready to fly, The Post and Courier (Dec. 31, 2005)
• Columbia ::
• Camden :: wifi :: Camden City Council ::
• Law:
  • Sec. 58-9-2600 Duties and restrictions; cost and rate computations; accounting requirements:

    Notwithstanding any other provision of law, a government-owned telecommunications service provider shall:

    (1) be subject to the same local, state, and federal regulatory, statutory, and other legal requirements that nongovernment-owned telecommunications service providers are subject to, including regulation by the Public Service Commission;

    (2) not be the recipient of any financial benefits of any type that nongovernment-owned telecommunications service providers are not recipients of including, but not limited to, tax exemptions and governmental subsidies of any type. Tax exempt capital financing may be used consistent with Sections 58-9-2620(4)(a) and 58-9-2630(C);

    (3) not be permitted to subsidize the cost of providing telecommunications service with funds from any other nontelecommunications service, operation, or other revenue source. If a determination is made that a direct or indirect subsidy has occurred, the government-owned telecommunications service provider immediately shall increase prices for telecommunications service in a manner that ensures that the subsidy shall not continue, and any amounts used directly or indirectly to subsidize the past operations shall be reimbursed to the general treasury of the appropriate state or local government;

    (4) impute, in calculating the cost incurred and in the rates to be charged for the provision of telecommunications services, the following:

    (a) cost of capital component that is the equivalent to the cost of capital available to nongovernment-owned telecommunications service providers in the same state or locality; and

    (b) an amount equal to all taxes, licenses, fees, and other assessments applicable to a nongovernment-owned telecommunications provider including, but not limited to, federal, state, and local taxes, rights-of-way franchise consent, or administrative fees, and pole attachment fees;

    (5) keep separate books and separately account for the revenues, expenses, property, and source of investment dollars associated with the provision of telecommunications service; and

    (6) be required to prepare and publish an independent annual audit in accordance with generally accepted accounting principles that reflects the full cost of providing the service, including all direct and indirect costs. The indirect costs shall include, but are not limited to, amounts for rights-of-way franchise, consent, or administrative fees, regulatory fees, occupation taxes, pole attachment fees, and ad valorem taxes. The annual accounting must reflect any direct or indirect subsidies received by the government-owned telecommunications provider. Records demonstrating compliance with the provisions of this section shall be filed with the Public Service Commission and be made available for public inspection and copying. The compliance shall be overseen by the Public Service Commission pursuant to and not inconsistent with its power and jurisdiction set forth by law including Section 58-3-140.

  • Free Press
  • Restrictions on muni provided communications services. APPA Sept 2005

VoIP

• Docket No. 98-651-C, Generic Proceeding to Review Voice Over the Internet (IP Telephony) Docket
• Order Holding Matter in Abeyance, Order No. 1999-183  (S.C.P.S.C. Mar. 10, 1999)  (SC PUC)
• Mintz Levin, Are VoIP Services Telecommunications Services? Business and Regulatory Considerations for VoIP Service Providers and Connecting Carrier Oct 2003 ("in 1999, the South Carolina Public Service Commission established a generic docket to examine the issue of IP telephony, but because it was concerned about the far-reaching implications of such a proceeding it voted to hold the matter in abeyance.")
• Application Of Time Warner Cable Information Services (South Carolina), LLC For A Certificate Of PC&N To Provide Interexchange And Local Voice Services And For Alternative Regulation Pursuant To S.C. Code Sections 58-9-575 And 58-9-585, Docket Number 2003-0362-C (SC PSC Opened Dec. 23, 2003). Hearing March 18, 2004.
• SC Code Title 58 Chap 9