reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:50 - Monitoring of competitive local exchange services

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall monitor the effectiveness of the
				  regulatory requirements prescribed in this chapter to ensure that local service
				  competition occurs in a manner that is consistent with preserving and advancing
				  universal service, protecting the public safety and welfare, ensuring the
				  continued quality of service, and safeguarding the rights of affected
				  consumers.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-71,
					 49-31-76.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:51 - Use of universal service support

Current through Register Vol. 51, page 10, July 15, 2024
An eligible telecommunications carrier that receives federal
				  universal service support shall use that support only for the provision,
				  maintenance, and upgrading of facilities and services for which the support is
				  intended.
General Authority:
SDCL
					 49-31-76,
					 49-31-77,
					 49-31-81.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:52 - Annual certification requirements for designated eligible telecommunications carriers

Current through Register Vol. 51, page 10, July 15, 2024
Consistent with
				  47 C.F.R. §§
										54.313 and
				  54.314 (January 1, 2006), an
				  eligible telecommunications carrier shall request the commission to file an
				  annual certification with the Universal Service Administrative Company and the
				  Federal Communications Commission stating that all federal high-cost support
				  provided to the carrier will be used only for the provision, maintenance, and
				  upgrading of facilities and services for which the support is intended. An
				  eligible telecommunications carrier shall file its request for annual
				  certification with the commission by July first of each year. Failure of an
				  eligible telecommunications carrier to file by the deadline may result in the
				  commission's inability to provide certification to the Universal Service
				  Administrative Company and the Federal Communications Commission by the
				  following October first.
General Authority:
SDCL
					 49-31-76,
					 49-31-77,
					 49-31-81.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:53 - Requirements for previously designated eligible telecommunications carriers and pending applications

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company that has been designated as an
				  eligible telecommunications carrier or has submitted its application for
				  designation before the effective date of these rules must submit the
				  information required by §§
									20:10:32:43.01 to 20:10:32:43.06,
				  inclusive, by August 1, 2006.
General Authority:
SDCL
					 49-31-76,
					 49-31-77,
					 49-31-81.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:54 - Certification requirements

Current through Register Vol. 51, page 10, July 15, 2024
In its annual certification filing, each eligible
				  telecommunications carrier shall provide the following information, on a
				  calendar year basis, to the commission:
(1) A two-year service quality improvement
				plan as described in §
									20:10:32:43.02;
(2) A progress report on its previously filed
				two-year service quality improvement plan, including maps detailing its
				progress towards meeting its plan targets, an explanation of how much universal
				service support was received and how it was used to improve service quality,
				signal quality, coverage, or capacity, and an explanation regarding any network
				improvement targets that have not been fulfilled. The information shall be
				submitted at the wire center level;
(3) Detailed information on any outage, as
				that term is defined in 47
				C.F.R. §
										4.5 (January 1, 2006), of at
				least 30 minutes in duration for each service area in which an eligible
				telecommunications carrier is designated for any facilities it owns, operates,
				leases, or otherwise utilizes if the outage affected at least ten percent of
				the end users served in a designated service area, or a 911 special facility,
				as defined in 47 C.F.R.
				§
										4.5(e) (January 1,
				2006). Information on the outage must include:
(a) The date and time of onset of the
				outage;
(b) A brief description of
				the outage and its resolution;
(c)
				The particular services affected;
(d) The geographic areas affected by the
				outage;
(e) The steps taken to
				prevent a similar situation in the future; and
(f) The number of customers
				affected;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:55 - Lifeline and link-up advertising requirements - Annual report on outreach efforts

Current through Register Vol. 51, page 10, July 15, 2024
An eligible telecommunications carrier shall annually notify
				  the availability of the federal lifeline and link-up assistance programs to
				  each of its existing customers residing in the carrier's designated service
				  area by written notification provided directly to the existing customers. A new
				  customer residing in the carrier's designated service area shall receive
				  written notification of lifeline and link-up assistance programs within 30 days
				  after receiving telecommunications services. An eligible telecommunications
				  carrier shall annually advertise the availability of lifeline and link-up
				  services in media of general distribution throughout its service areas. As part
				  of its annual certification filing, an eligible telecommunications carrier
				  shall submit a report on its outreach efforts designed to increase
				  participation in the lifeline and link-up assistance programs to the
				  commission. The report shall be filed by June first of each year and shall
				  report on the eligible telecommunications carrier's outreach activities for the
				  previous year.
General Authority:
SDCL
					 49-31-76,
					 49-31-77,
					 49-31-81.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:56 - Petition for waiver - Granting of waiver

Current through Register Vol. 51, page 10, July 15, 2024
Upon petition of a telecommunications company, the commission
				  may grant a waiver, after notice and opportunity for hearing, of any
				  certification requirement contained in §§
									20:10:32:52 to
				  20:10:32:54, inclusive. In
				  determining whether to grant a waiver, the commission shall consider whether
				  the requirement is unduly burdensome and unnecessary for the commission to
				  certify that the carrier is using federal high cost support only for the
				  provision, maintenance, and upgrading of facilities and services for which the
				  support is intended.
General Authority:
SDCL
					 49-31-76,
					 49-31-77,
					 49-31-81.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
				  49-31-1 have the same meaning in
				  this chapter. In addition, terms used in this chapter mean:
(1) "Busy hour," the hour of the day when the
				number of calls carried on the telecommunications company's network is the
				highest.
General Authority:
SDCL
					 49-31-77,
					 49-31-85
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:02 - Level of service provided by local exchange companies

Current through Register Vol. 51, page 10, July 15, 2024
A local exchange company shall furnish and maintain adequate
				  and reliable plant, equipment, and facilities to provide satisfactory
				  transmission and reception of telecommunications services among users in its
				  service area.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:03 - Level of service applicable to all subscribers within an exchange

Current through Register Vol. 51, page 10, July 15, 2024
Local exchange access line service furnished by means of line
				  concentrators or subscriber carrier equipment in a given exchange shall be
				  reasonably comparable to that furnished to other subscribers in that exchange
				  served by means of normal physical loops.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-84,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:04 - Minimum requirements for new or replaced switching systems

Current through Register Vol. 51, page 10, July 15, 2024
New or replacement switching systems installed after January
				  1, 1999, shall be capable of providing custom calling features. At a minimum,
				  custom calling features must include call waiting, call forwarding, abbreviated
				  dialing, caller identification, and three-way calling. New or replacement
				  switching systems installed after January 1, 1999, shall also be capable of
				  providing enhanced 911 service.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:05 - Minimum requirements for channel capacity

Current through Register Vol. 51, page 10, July 15, 2024
A local exchange company shall maintain sufficient central
				  office and interoffice channel capacity plus other necessary facilities to meet
				  the following minimum requirements during any busy hour:
(1) Dial tone within three seconds for 98
				percent of call attempts on the switched network;
(2) Correct termination of 98 percent of
				properly dialed intraoffice or interoffice calls within an extended service
				area; and
(3) Correct termination
				of 98 percent of properly dialed calls when the call is routed entirely over
				the network of the local exchange company.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:06 - Minimum levels of trunking facilities provided by interexchange companies

Current through Register Vol. 51, page 10, July 15, 2024
Interexchange companies shall design, construct, and maintain
				  sufficient trunking facilities so that at least 98 percent of telephone calls
				  offered to the trunk group do not encounter an all-trunks-busy condition and 98
				  percent of correctly dialed toll calls are correctly terminated. All
				  interexchange companies which use both line and trunk side connections for
				  access shall have sufficient quantities of switched access service from the
				  local exchange company to maintain acceptable blocking probability for each
				  type of access. A .01 blocking probability is acceptable.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:07 - Requirements for good engineering practices

Current through Register Vol. 51, page 10, July 15, 2024
The telephone plant of each telecommunications company shall
				  be designed, constructed, installed, maintained, and operated subject to the
				  provisions of applicable electrical safety codes and in accordance with
				  accepted good engineering practices of the telecommunications industry to
				  assure continuity of service, uniformity in the quality of service furnished,
				  and the safety of persons and property.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:08 - Requirement for sufficient equipment and adequate personnel

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company shall employ prudent
				  management and engineering practices so that sufficient equipment and adequate
				  personnel are available at all times, including busy hours, to respond to
				  network and customer service problems.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:09 - Required documentation to show sufficient equipment and adequate personnel

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company shall employ reasonable
				  procedures for forecasting future service demand, and maintain records
				  necessary to demonstrate to the commission that sufficient equipment is in use
				  and that an adequate operating workforce is provided. The records shall be
				  available for review by the commission upon request.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:10 - Assignment of facilities

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company shall employ adequate
				  procedures for assignment of facilities. The assignment records shall be kept
				  up-to-date and checked periodically to determine if adjustments are necessary
				  to maintain proper balance in all trunk and equipment groups. The records shall
				  be available for review by the commission upon request.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:11 - Charges for construction of facilities

Current through Register Vol. 51, page 10, July 15, 2024
If required as a condition of a federal Rural Utilities
				  Service loan, a telecommunications company shall furnish telecommunications
				  services to a customer without payment by the customer of any extra charge as a
				  contribution to the cost of construction of facilities needed to provide the
				  services.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:12 - Records of tests and inspections

Current through Register Vol. 51, page 10, July 15, 2024
Records of various tests and inspections shall be kept on
				  file in the office of the telecommunications company for a minimum of two
				  years. These records shall show the plant or equipment tested or inspected, the
				  reason for the test, the general result of the test, and any corrections made.
				  The records shall be available for review by the commission upon
				  request.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:13 - Provisioning of adequate and reliable facilities

Current through Register Vol. 51, page 10, July 15, 2024
Each local exchange company shall employ prudent management
				  planning practices, including budgeting and prioritization of resource
				  utilization, so that adequate and reliable facilities are in place to supply
				  service to prospective customers in its service territory within a reasonable
				  period of time as determined by the commission.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:14 - Program required for testing, inspecting, and maintenance

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company shall adopt a program of
				  periodic tests, inspections, and preventive maintenance aimed at achieving
				  efficient operation of its system to permit at all times the rendering of safe,
				  adequate, and continuous service as recognized by general practices within the
				  telecommunications industry. The programs shall be available for review by the
				  commission upon request.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:15 - Repair of plant and equipment

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company shall keep plant and
				  equipment in a good state of repair consistent with safe and adequate service
				  performance. Broken, damaged, or deteriorated parts which do not meet
				  acceptable operating conditions shall be repaired or replaced. Adjustable
				  apparatus and equipment shall be readjusted promptly when found by preventive
				  routines or fault location tests to be in unsatisfactory operating condition.
				  The presence of inductive interference, cut-offs, intelligible cross-talk, and
				  excessive noise generation by communications system facilities during the
				  provisioning of telecommunications services by the company are symptomatic of
				  inadequate service, and a maintenance program shall be designed to minimize or
				  prevent those occurrences.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:16 - Leakage, loop resistance, and transmission tests

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company shall conduct periodic
				  leakage tests on all circuits by use of proper instruments to determine that
				  sufficient insulation is being maintained and to discover any service affecting
				  change in insulation values which might cause future service difficulties. Loop
				  resistance and transmission tests shall be made on local circuits when
				  transmission is found to be poor in an attempt to locate the source of
				  trouble.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:17 - Emergency planning

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company shall make reasonable
				  provisions to meet emergencies such as failures of power services, damaged
				  facilities, sudden and prolonged increases in traffic, or from fire, storm, or
				  acts of nature.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:18 - Plan required to deal with loss of switch

Current through Register Vol. 51, page 10, July 15, 2024
Each local exchange company shall develop a general
				  contingency plan to prevent or minimize any service interruptions due to the
				  catastrophic loss of a central office switch, toll switching office, or tandem
				  switching office. The plan shall describe the actions and systems installed to
				  prevent or minimize the probability of such an occurrence as well as describe
				  the actions and systems available to minimize the extent of any incurred
				  service interruption. The plan shall be available for review by the commission
				  upon request.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:19 - Auxiliary and battery power requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each local central office, toll switching office, or tandem
				  switching office of a local exchange company shall contain a minimum of 8
				  hours, plus or minus 15 percent, of battery reserve rated for peak traffic load
				  requirements. A permanent auxiliary power unit may be utilized to meet this
				  requirement. In central offices and toll tandem switching offices, a permanent
				  auxiliary power unit shall be installed or a mobile power source shall be
				  available which normally can be delivered and connected within four hours. The
				  remote terminating electronics of a local exchange company shall be equipped
				  with a local or remote battery plant designed for a minimum of 8 hours, plus or
				  minus 15 percent, of battery reserve rated for peak traffic load requirements.
				  The batteries shall be tested and reported internally on a regular basis, not
				  to exceed once a year.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:20 - Central office alarms

Current through Register Vol. 51, page 10, July 15, 2024
Each central office shall be provided with alarms on a 24
				  hour, seven day a week basis to indicate improper functioning of
				  telecommunications equipment. Each alarm shall be transmitted to an alarm
				  center or to a location that will receive and respond to the alarm condition on
				  a 24 hour, seven day a week basis. Each alarm and alarm sensor must be tested
				  and reported internally upon installation of new equipment.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:21 - Prevention of access line service interruptions - Reestablishment of service - Priority given to customers with medical condition and certain entities

Current through Register Vol. 51, page 10, July 15, 2024
Each local exchange company shall make all reasonable efforts
				  to prevent interruptions of access line service. When interruptions occur, the
				  exchange carrier shall reestablish access line service with the shortest
				  possible delay consistent with the physical conditions encountered, the
				  available work force, and normal safety practices. Priority shall be given to a
				  residential customer who verifies in writing to the company that
				  telecommunications service is essential due to an existing medical condition of
				  the customer, a member of the customer's family, or any permanent resident of
				  the premises where service is rendered. Priority shall also be given to an
				  entity that verifies in writing to the company that telecommunications services
				  are needed to protect the public's health, safety, and
				  welfare.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:22 - Maintenance service interruptions - Notification

Current through Register Vol. 51, page 10, July 15, 2024
Local exchange service interruptions due to maintenance
				  requirements shall be done at a time that causes minimal inconvenience to the
				  affected customers. To the extent possible, customers shall be notified in
				  advance by the local exchange company of interruptions due to maintenance that
				  will last longer than ten minutes.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:23 - Records of access line service interruptions

Current through Register Vol. 51, page 10, July 15, 2024
Each local exchange company shall keep a record of each
				  access line service interruption or acute irregularities of access line service
				  if reported to it or if the duration of a found access line service
				  interruption exceeds 24 hours. The record shall include the date, time,
				  duration, extent, cause of the interruption, and the number of affected access
				  lines. The local exchange company shall furnish reports to the commission upon
				  request and shall inform the commission as soon as possible of any occurrence
				  which apparently will result in over four hours of interruption of access line
				  service to the smaller of 25 percent or 200 or more customers in a wire
				  center.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:24 - Reporting of trouble reports

Current through Register Vol. 51, page 10, July 15, 2024
Each local exchange company shall be able to receive trouble
				  reports originated by a customer seven days a week on a 24 hour
				  basis.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:25 - Customer trouble reports

Current through Register Vol. 51, page 10, July 15, 2024
When a customer's service is found to be out of order or a
				  customer reports trouble, the local exchange company shall promptly test its
				  facilities to determine if the problem is with the local exchange company's
				  facilities. If it is, the local exchange company shall correct the trouble
				  promptly. There may be no charge to the customer for testing or correcting a
				  problem found on the local exchange company's facilities. If the trouble is
				  found not to be in the local exchange company's facilities, the local exchange
				  company shall notify the customer promptly.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:26 - Record of trouble reports

Current through Register Vol. 51, page 10, July 15, 2024
Each local exchange company shall keep a record of trouble
				  reports made by its customers. This record shall include appropriate
				  identification of the customers or access line service affected, the time,
				  date, and nature of the report, the action taken, the date and time of trouble
				  clearance or other disposition, and the identification of the person making
				  final disposition. The records shall be retained by the company for a minimum
				  of two years. The local exchange company shall furnish reports to the
				  commission upon request.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:27 - Reporting requirements when 911 service is disrupted or impaired

Current through Register Vol. 51, page 10, July 15, 2024
Each local exchange company shall, immediately upon
				  discovery, report to each 911 public safety answering point serving the
				  affected local service areas, to the local area broadcast media serving the
				  affected local service areas, and to the commission pertinent information
				  concerning any specific occurrence or development which disrupts or impairs the
				  local service area's access to the 911 service within a given 911 system. In
				  addition, each local exchange company shall provide the public safety answering
				  point, the local area news media, and the commission with a time estimation on
				  when the repair to the 911 system will be completed and the 911 service
				  restored.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:28 - Reporting of service disruption or impairment

Current through Register Vol. 51, page 10, July 15, 2024
Each local exchange company shall, within one hour of
				  discovery, report to the local area broadcast media serving the affected local
				  serving areas and to the commission, pertinent information concerning any
				  specific occurrence or development which disrupts or impairs the
				  telecommunications service of the smaller of 25 percent or 750 or more
				  customers in a local exchange area for a time period in excess of one hour.
				  Notification is also required for complete switching system failures, isolation
				  of remote switching modules from their host, or major service disruptions due
				  to interoffice failures.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:29 - Standards applicable under normal operating conditions

Current through Register Vol. 51, page 10, July 15, 2024
The standards in this chapter establish the minimum
				  acceptable quality of service under normal operating conditions. The standards
				  do not establish a level of performance to be achieved during emergencies or
				  catastrophes, nor do the standards apply to extraordinary or abnormal
				  conditions of operation, such as those resulting from work stoppage or civil
				  unrest. The standards do not include all criteria and the standards do not
				  establish the most desirable service level for any basic element. If a specific
				  element is not covered, the telecommunications company must meet generally
				  accepted industry standards for that element.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:30 - Petition for waiver - Granting of waiver

Current through Register Vol. 51, page 10, July 15, 2024
Upon petition of a telecommunications company, the commission
				  may grant a waiver of any service standard contained in this chapter. In
				  determining whether to grant a waiver, the commission may consider technical
				  feasibility, whether the standard is unduly economically burdensome, whether
				  the company plans to meet the standard within the near future, and other
				  economic, technical, and public interest considerations.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:31 - Failure to pay for services other than local exchange services not grounds to terminate local exchange service

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding subdivision 20:10:10:04(4), no local exchange
				  company may terminate local exchange service to any customer on the ground that
				  the customer has not paid for services other than local exchange
				  services.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:33 - Service standards for telecommunications companies › Section 20:10:33:32 - Exemption from providing local exchange service when toll services terminated

Current through Register Vol. 51, page 10, July 15, 2024
Any local exchange company unable to provide local exchange
				  services while terminating toll services may request an exemption from the
				  commission on an exchange by exchange basis by fully documenting the technical
				  reasons for its inability to comply.
General Authority:
SDCL
					 49-31-77,
					 49-31-85.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:34 - Prohibition against unauthorized changing of telecommunications company and charging for unauthorized services › Section 20:10:34:02.01 - Authorization methods

Current through Register Vol. 51, page 10, July 15, 2024
No telecommunications company may change a designated
				  telecommunications company for interexchange or local exchange
				  telecommunications services unless the change has been confirmed by written
				  authorization in accordance with §
									20:10:34:03, by the use of an
				  independent third-party verification company in accordance with SDCL
				  49-31-90, or by electronic
				  authorization in accordance with §
									20:10:34:04.01.
General Authority:
SDCL
					 49-31-89.
Law Implemented:
SDCL
					 49-31-89,
					 49-31-90,
					 49-31-91.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:34 - Prohibition against unauthorized changing of telecommunications company and charging for unauthorized services › Section 20:10:34:03 - Letter of agency form and content

Current through Register Vol. 51, page 10, July 15, 2024
A letter of agency obtained from a subscriber for a change of
				  the subscriber's telecommunications company shall be a written document. The
				  sole purpose of the letter of agency is to authorize the change of a
				  telecommunications company. It must be signed and dated by the subscriber of
				  the telephone line requesting the change. It may not be combined with
				  inducements of any kind on the same document. At a minimum, the letter of
				  agency must be printed with a type of sufficient size to be clearly legible and
				  must contain clear and unambiguous language that confirms:
(1) The subscriber's billing name and address
				and each telephone number to be covered by the change order;
(2) The decision to change the
				telecommunications company from the current telecommunications company to the
				prospective telecommunications company;
(3) That the subscriber designates the
				prospective telecommunications company to act as the subscriber's agent for the
				telecommunications company change;
(4) That the subscriber understands that only
				one interexchange telecommunications company may be designated as the
				subscriber's interLATA primary interexchange telecommunications company, only
				one company may be designated as the subscriber's intraLATA primary
				interexchange company, and only one company may be designated as the
				subscriber's local exchange company;
(5) The telecommunications company designated
				as the subscriber's interexchange or local exchange company must be the company
				directly setting the rates for the subscriber;
(6) That the subscriber understands that any
				change in a subscriber's interexchange or local exchange service company may
				involve charges to the subscriber. The approximate amount of each charge shall
				be specified in the letter of agency;
(7) Letters of agency may not suggest or
				require that a subscriber take some action in order to retain the subscriber's
				current telecommunications company;
(8) If any portion of a letter of agency is
				translated into another language then each portion of the letter of agency must
				be translated into that language. Each letter of agency must be translated into
				the same language as any promotional materials, oral descriptions, or
				instructions provided with the letter of agency; and
(9) A toll-free number of the prospective
				telecommunications company.
General Authority:
SDCL
					 49-31-89.
Law Implemented:
SDCL
					 49-31-89.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:34 - Prohibition against unauthorized changing of telecommunications company and charging for unauthorized services › Section 20:10:34:04 - Exception for checks

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding §
									20:10:34:03, the letter of agency
				  may be combined with checks that contain only the required letter of agency
				  language prescribed in §
									20:10:34:03 and the necessary
				  information to make the check a negotiable instrument. The letter of agency
				  check may not contain any promotional language or material. The letter of
				  agency check shall contain, in easily readable, bold-face type on the front of
				  the check, a notice that the subscriber is authorizing a change in its
				  telecommunications company by signing the check. The letter of agency language
				  shall be placed near the signature line on the back of the
				  check.
General Authority:
SDCL
					 49-31-89.
Law Implemented:
SDCL
					 49-31-89.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:34 - Prohibition against unauthorized changing of telecommunications company and charging for unauthorized services › Section 20:10:34:04.01 - Electronic authorization

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company electing to confirm changes
				  electronically shall establish one or more toll-free telephone numbers
				  exclusively for that purpose. Electronic authorization to change a designated
				  telecommunications company for interexchange or local exchange
				  telecommunications services shall be placed from the telephone number that the
				  subscriber is requesting the company serve and shall confirm the information
				  required in §
									20:10:34:03. Any call to the
				  toll-free number shall connect a subscriber to a voice response unit, or
				  similar mechanism that records the required information regarding the change of
				  a designated telecommunications company, and shall automatically record the
				  originating automatic numbering identification.
General Authority:
SDCL
					 49-31-89.
Law Implemented:
SDCL
					 49-31-89.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:34 - Prohibition against unauthorized changing of telecommunications company and charging for unauthorized services › Section 20:10:34:05 - Complaints of unauthorized changing of a telecommunications company

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of an oral or written complaint alleging an
				  unauthorized change of a subscriber's telecommunications company from the
				  subscriber, the subscriber's original pre-subscribed telecommunications
				  company, the subscriber's local exchange service company, or from the
				  commission or its staff on behalf of a subscriber or applicant, the
				  telecommunications company that initiated the change shall provide
				  documentation, within 30 days and without cost, showing that the change was
				  authorized. The documentation shall be provided to the person alleging the
				  unauthorized change. The company that initiates the change is the company that
				  requests on behalf of a subscriber that the subscriber's telephone company be
				  changed and seeks to provide retail services to the subscriber. If a
				  telecommunications company fails to provide the documentation, the change of
				  the telecommunications company is considered invalid.
The telecommunications company shall also notify the
				  subscriber that if the subscriber is not satisfied with the documentation
				  provided by the company, the subscriber may contact the commission. The
				  telecommunications company shall provide the subscriber with the commission's
				  toll free number.
General Authority:
SDCL
					 49-31-89.
Law Implemented:
SDCL
					 49-31-89,
					 49-31-90,
					 49-31-92,
					 49-31-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:34 - Prohibition against unauthorized changing of telecommunications company and charging for unauthorized services › Section 20:10:34:06 - False, misleading, or deceptive statements prohibited

Current through Register Vol. 51, page 10, July 15, 2024
When obtaining or verifying a subscriber's oral order for a
				  change of a designated telecommunications company for interexchange or local
				  exchange telecommunications services, the telecommunications company or the
				  third-party verification company may not make any statements that are false,
				  misleading, or deceptive or fail to state material information with respect to
				  the provisioning of the service.
General Authority:
SDCL
					 49-31-89.
Law Implemented:
SDCL
					 49-31-89.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:34 - Prohibition against unauthorized changing of telecommunications company and charging for unauthorized services › Section 20:10:34:07 - Refund or credit of charges billed by unauthorized telecommunications company - Payment for unauthorized change - Opportunity for hearing

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company which initiates a
				  telecommunications company change without authorization from the subscriber
				  shall issue to the subscriber a full credit or refund of the entire amount of
				  the subscriber's telephone charges which are attributable to telecommunications
				  services from the unauthorized telecommunications company. A telecommunications
				  company which initiates a telecommunications company change without
				  authorization from the subscriber is liable for any charges from another
				  telecommunications company to re-establish service or to change the
				  subscriber's pre-subscribed company. The appropriate credit or refund must be
				  issued within a period not to exceed 60 days from the date it is determined
				  that the change was unauthorized.
In addition, the telecommunications company which initiates a
				  telecommunications company change without proper authorization shall pay the
				  subscriber the amount required by SDCL
				  49-31-93 regardless of whether the
				  subscriber has contacted the commission. Failure of the telecommunications
				  company to pay the subscriber for an unauthorized change may result in a civil
				  fine as authorized by SDCL
				  49-31-94. If there is a dispute as
				  to whether the change was properly authorized, the subscriber or
				  telecommunications company may request a hearing before the commission pursuant
				  to SDCL chapter 1-26.
General Authority:
SDCL
					 49-31-89.
Law Implemented:
SDCL
					 49-31-89,
					 49-31-93,
					 49-31-94.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:34 - Prohibition against unauthorized changing of telecommunications company and charging for unauthorized services › Section 20:10:34:08 - Subscriber telecommunications bills - Charges for change of telecommunications company

Current through Register Vol. 51, page 10, July 15, 2024
A bill to a subscriber reflecting any charge for changing the
				  subscriber's telecommunications company shall prominently display the name of
				  the new telecommunications company and all charges to the subscriber for
				  changing to the new telecommunications company.
General Authority:
SDCL
					 49-31-89.
Law Implemented:
SDCL
					 49-31-89.