reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:04.04 - Procedure for suspension or revocation hearing

Current through Register Vol. 51, page 10, July 15, 2024
Upon the filing of a notice of hearing for suspension or
				  revocation of a certificate of authority, the commission shall issue and serve
				  an order to show cause upon the named holder of the certificate of authority.
				  The order shall be served at least ten days before the hearing unless otherwise
				  ordered. The order shall include a notice of the time and place of the hearing.
				  The order shall require the person complained of to appear at the time and
				  place fixed in the notice and to show cause why the proposed action may not be
				  taken. The order shall refer to an attached copy of a verified complaint or
				  other notice, affidavit, or official document in a way as to inform the party
				  of the charge or violation upon which the order is based and issued. At the
				  hearing, the commission staff or complainant shall present evidence of the
				  alleged violation. The telecommunications company shall then be allowed an
				  opportunity to respond to the evidence.
After the hearing, the commission shall enter its decision
				  either dismissing the complaint or entering an order directing the action
				  specified in the order to show cause. If the commission revokes a certificate
				  of authority, the named holder of the certificate of authority may not reapply
				  for a certificate of authority for at least one year after the date of
				  revocation, unless the commission determines that other action is more
				  appropriate.
General Authority:
SDCL
					 49-1-11(4),
					 49-31-3.
Law Implemented:
SDCL
					 49-31-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:04.05 - Performance bonds

Current through Register Vol. 51, page 10, July 15, 2024
If in the public interest, the commission may require an
				  applicant, as a condition precedent to granting a certificate of authority, to
				  file with the commission a bond or other security for an amount and a duration
				  as the commission may require. The bond or other security shall be filed with
				  the commission and shall be for the benefit of a customer of the applicant. The
				  bond or other security shall apply only to customers receiving wireline
				  interexchange service that is being provided in South Dakota by the
				  applicant.
The commission may require an increase in the amount of the
				  bond or other security, from time to time, as the commission deems necessary
				  for the protection of the public. The bond may be a surety bond or other
				  security as the commission may require. If a surety bond is required, the
				  surety on the bond must be a corporate surety company holding a certificate
				  with the Department of Insurance of the State of South Dakota authorizing it to
				  execute the same.
General Authority:
SDCL
					 49-31-3.
Law Implemented:
SDCL
					 49-31-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:05 - Alternative operator services

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company providing alternative
				  operator services (AOS) must do the following unless the commission grants a
				  waiver to omit a requirement:
(1)
				Apply for a certificate of authority with the commission pursuant to SDCL
				49-31-3 and §
									20:10:24:02 before providing
				service in South Dakota;
(2)
				Utilize auditable service quality standards, including call processing time
				requirements, which must be made available to the commission upon
				request;
(3) Post on or in close
				proximity to the telephone in plain view of anyone using the telephone a notice
				in bold type which reads as follows:
SERVICES FROM THIS TELEPHONE MAY BE AT RATES DIFFERENT FROM
				  YOUR LONG DISTANCE COMPANY. BEFORE PLACING YOUR CALL YOU HAVE THE RIGHT TO
				  REQUEST INFORMATION REGARDING CHARGES FROM THE OPERATOR. INSTRUCTIONS FOR
				  REACHING THE TELECOMMUNICATIONS COMPANY OF YOUR CHOICE ARE AVAILABLE FROM THAT
				  COMPANY.
The notice must also include the name and address of the AOS
				  company and a customer service toll-free telephone number for receipt of
				  further service and billing information;
(4) Require operators to:
(a) Identify the AOS provider, audibly and
				distinctly, to the consumer at the beginning of each telephone call and before
				the consumer incurs any charge for the call;
(b) Permit the consumer to terminate the
				telephone call at no charge before the call is connected;
(c) Disclose immediately to the consumer,
				upon request and at no charge to the consumer, a quotation of the rates or
				charges for the call, the methods by which rates or charges will be collected,
				and the methods by which complaints concerning such rates, charges, or
				collection practices will be resolved; and
(d) Disclose, audibly and distinctly to the
				consumer, at no charge and before connecting any intrastate operator service
				call, how to obtain the total cost of the call, including any aggregator
				surcharge, or the maximum possible total cost of the call, including any
				aggregate surcharge, before providing further oral advice to the consumer on
				how to proceed to make the call. The oral disclosure shall instruct the
				consumer that the consumer may obtain applicable rate and surcharge quotations
				either, at the option of the provider of operator services, by dialing no more
				than two digits or by remaining on the line.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:06 - Classification - Application requirements

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company, other entity, or a person shall
				  initiate a classification proceeding by filing an application with the
				  commission. The application shall include, at a minimum, the following
				  information:
(1) The name, address,
				and telephone number of the applicant;
(2) If the applicant is requesting that a
				service be classified as a fully competitive service, the application shall
				include a specific description of the service or product for which deregulation
				is sought. If the applicant is requesting that a service be classified as an
				emerging competitive service, the application shall include a specific
				description of the service or product for which reduced regulation is sought
				and the type of reduced regulation requested;
(3) The geographic areas in which the service
				is or will be offered;
(4) A list
				of other providers of similar or substitutable services or products and any
				significant, functional differences between the applicant's service or product
				and other available services or products;
(5) The estimated market share of the
				applicant;
(6) If no cost
				allocation methodology has been prescribed pursuant to SDCL
				49-31-4, any available costs and
				estimated demand data;
(7) Two
				copies of all applicable tariff pages for the service or product;
(8) A description of all effective rate
				elements for the service or product;
(9) If the provision of the service or
				product involves the use of investments or expenses that are jointly used to
				provide services or products regulated under this chapter, then identify the
				accounts affected and separate the costs within those accounts which are
				related to the service;
(10)
				Specific information upon which the applicant will rely to demonstrate that the
				service or product is subject to effective competition in the relevant market
				for that service and that deregulation will promote the public interest and the
				provision of adequate and reliable service at just and reasonable rates;
				and
(11) The manner by which notice
				of price list changes will be provided to customers and the commission.
The commission may require additional information at any time
				  from the applicant.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:07 - Classification - Filing the application

Current through Register Vol. 51, page 10, July 15, 2024
Upon the filing of an application for a classification
				  proceeding pursuant to §
									20:10:24:06, the applicant shall
				  file its direct testimony and copies of exhibits to be offered at the hearing.
				  At the time of filing this information, the applicant shall indicate any
				  information which is claimed to be confidential and give the grounds for the
				  claim of confidentiality.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:08 - Classification - Incomplete application

Current through Register Vol. 51, page 10, July 15, 2024
If an application is not filed in accordance with the
				  provisions of §
									20:10:24:06, the commission shall
				  notify the applicant that it is incomplete. The applicant may supplement the
				  application so that it is complete. Once complete, the commission shall process
				  the application. An amended application is treated as a new
				  application.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:09 - Classification - Emerging competitive services - Trial offerings

Current through Register Vol. 51, page 10, July 15, 2024
The commission may authorize a telecommunications company to
				  offer an emerging competitive service on a limited basis for a period to be
				  determined by the commission. If a trial period is authorized, the
				  telecommunications company shall provide all customers with written notice of
				  the trial nature and duration of the offering. The commission may limit the
				  trial offering in terms of the investment level, prices, the territory in which
				  the service can be offered, or the number of customers which can be served
				  during the trial period. During the trial period, the telecommunications
				  company must maintain separate books and accounts and file this data monthly
				  with the commission.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:10 - Classification - Variance from application rules

Current through Register Vol. 51, page 10, July 15, 2024
The commission may permit variance from §§
									20:10:24:06 to
				  20:10:24:09, inclusive, if not
				  contrary to law, for good cause shown or if it finds compliance to be
				  impossible, impracticable, or unreasonable.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3.2.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:11 - Reclassification - Contents of complaint

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company, other entity, or a person shall
				  initiate a reclassification proceeding by filing a complaint with the
				  commission. The complaint shall include, at a minimum, the following
				  information:
(1) The name, address,
				and telephone number of the complainant;
(2) If the complainant is requesting that the
				service be reclassified as a fully competitive service, the complaint shall
				include a specific description of the service or product. If the complainant is
				requesting that a service be reclassified as an emerging competitive service,
				the complaint shall include a specific description of the service or product
				and the type of regulation requested;
(3) The geographic areas in which the service
				is or will be offered;
(4) A list
				of other providers of similar or substitutable services or products and any
				significant, functional differences between the complainant's service or
				product and other available services or products;
(5) The estimated market share of the
				complainant;
(6) If no cost
				allocation methodology has been prescribed pursuant to SDCL
				49-31-4, any available costs and
				estimated demand data;
(7) Two
				copies of all applicable tariff pages for the service or product;
(8) A description of all effective rate
				elements for the service or product;
(9) If the provision of the service or
				product involves the use of investments or expenses that are jointly used to
				provide services or products regulated under this chapter, then identify the
				accounts affected and separate the costs within those accounts which are
				related to the service;
(10)
				Specific information upon which the applicant will rely to show why the service
				or product is subject to reclassification and that reclassification will
				promote the public interest; and
(11) The manner by which notice of price list
				changes will be provided to customers and the commission.
The commission may require additional information at any time
				  from the complainant.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3.4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:12 - Reclassification - Filing of complaint

Current through Register Vol. 51, page 10, July 15, 2024
Upon the filing of a complaint for reclassification of a
				  service pursuant to §
									20:10:24:11, the complainant shall
				  file its direct testimony and copies of exhibits to be offered at the hearing.
				  At the time of filing this information, the complainant shall indicate any
				  information which is claimed to be confidential and give the grounds for the
				  claim of confidentiality.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3.4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:13 - Reclassification - Incomplete complaint

Current through Register Vol. 51, page 10, July 15, 2024
If a complaint is not filed in accordance with the provisions
				  of §
									20:10:24:11 the commission shall
				  notify the complainant that it is incomplete. The complainant may supplement
				  the complaint so that it is complete. Once complete, the commission shall
				  process the complaint. An amended complaint is treated as a new
				  complaint.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3.4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:14 - Reclassification - Variance from rules for filing complaints

Current through Register Vol. 51, page 10, July 15, 2024
The commission may permit variance from §§
									20:10:24:11 to
				  20:10:24:13, inclusive, if not
				  contrary to law, for good cause shown or if it finds compliance to be
				  impossible, impracticable, or unreasonable.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3.4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:15 - Utility investigation fund - Criteria for determining deposit amount

Current through Register Vol. 51, page 10, July 15, 2024
The amount each party shall be assessed for the utility
				  investigation fund for an investigation or hearing initiated pursuant to SDCL
				  49-31-3.2 to
				  49-31-3.4, inclusive, 49-31-4, and
				  49-31-4.1 shall be determined by the commission considering the following
				  factors:
(1) The company's annual
				operating income;
(2) The company's
				annual revenues;
(3) The company's
				annual investments;
(4) The number
				of South Dakota customers who annually use the service;
(5) The minutes of usage provided to South
				Dakota customers by the company annually;
(6) The extent of the company's participation
				in the proceeding;
(7) The
				complexity of the issues addressed; and
(8) Any other factors which may be relevant
				in assessing a party's involvement in such a proceeding.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-44.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:16 - Utility investigation fund - Notice of assessment - Deadline for payment

Current through Register Vol. 51, page 10, July 15, 2024
The deposit to the utility investigation fund must be paid
				  within 30 days after the billing date. The bill for such a deposit constitutes
				  notice of the assessment and demand for payment.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-44.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:17 - Utility investigation fund - Allocation of share to other parties

Current through Register Vol. 51, page 10, July 15, 2024
The mere filing of a written or oral protest or statement of
				  interest or the voluntary offering of written or oral testimony at the request
				  of the commission or of an acknowledged participant in a proceeding is not
				  participation of such magnitude or extent as to subject the party who made the
				  filing or offered the testimony to the assessment of an allocated share of the
				  proceeding. Such a determination shall be made by the commission using the
				  criteria set forth in §
									20:10:24:15.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-44.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:18 - Utility investigation fund - Objections to deposit amount

Current through Register Vol. 51, page 10, July 15, 2024
Within 15 days after the billing date of a deposit, as
				  provided in §
									20:10:24:16, the
				  telecommunications company against which the bill has been assessed may file
				  objections with the commission setting out grounds for claiming the bill is
				  excessive, erroneous, unlawful, or invalid. The commission may provide a
				  hearing upon such an objection, if requested, and after a hearing issue an
				  order in accordance with its findings of fact and conclusions of
				  law.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-44.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:19 - Utility investigation fund - Action taken on unpaid deposit

Current through Register Vol. 51, page 10, July 15, 2024
If the amounts assessed against a telecommunications company
				  are not paid within 30 days after the billing date and no objections are made
				  within the time set by §
									20:10:24:18, the commission shall
				  proceed by action against the telecommunications company to collect the amount
				  due.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-44.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:26 - Master metering variance rules › Section 20:10:26:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Existing mobile home court and trailer
				park," a mobile home court or trailer park where construction began before June
				13, 1980;
(2) "Existing
				multiple-occupancy building," a multiple-occupancy building where construction
				began before June 13, 1980;
(3)
				"Individually metered service," either gas service or electric service, or
				both, provided to one residential or commercial unit through a single meter for
				each service which serves only that unit and no other unit;
(4) "Master metered service," either gas
				service or electric service, or both, provided to more than one residential or
				commercial unit through a single meter for each service;
(5) "Master metering variance," commission
				approval to depart from the requirements for individual metering, allowing
				master metering or any combination of metering;
(6) "Mobile home court or trailer park," a
				mobile home court or trailer park in which residency is predominantly permanent
				and not highly transient, such as seasonal campgrounds for recreational
				vehicles or trailers used for recreation or vacations;
(7) "Multiple-occupancy building," a building
				which has more than one residential or commercial unit;
(8) "New mobile home court or trailer park,"
				a mobile home court or trailer park where construction began after June 13,
				1980; and
(9) "New
				multiple-occupancy building," a multiple-occupancy building where construction
				began after June 13, 1980.
General Authority:
SDCL
					 49-1-11,
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-27.
Collateral References:In the Matter of the
					 Investigation of Master Metering
, Docket F-3237, Decision and Order
					 dated June 13, 1980 (Errata Notice dated December 22, 1980);
In the
					 Matter of the Investigation of Master Metering
, Docket F-3237, Decision
					 and Order dated July 24, 1981;
In the Matter of the Petition For
					 Declaratory Ruling by S&D Metering, Ltd.
, F-3621, Declaratory Ruling
					 and F-3237, Modifying in Part, Decision and Order dated October 2,
					 1986.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:26 - Master metering variance rules › Section 20:10:26:02 - Beginning of construction

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of this chapter, construction begins when
				  preparation of the site has begun.
General Authority:
SDCL
					 49-1-11,
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-27.
Collateral References:In the Matter of the
					 Investigation of Master Metering
, Docket F-3237, Decision and Order
					 dated June 13, 1980 (Errata Notice dated December 22, 1980);
In the
					 Matter of the Investigation of Master Metering
, Docket F-3237, Decision
					 and Order dated July 24, 1981;
In the Matter of the Petition For
					 Declaratory Ruling by S&D Metering, Ltd.
, F-3621, Declaratory Ruling
					 and F-3237, Modifying in Part, Decision and Order dated October 2,
					 1986.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:26 - Master metering variance rules › Section 20:10:26:03 - Individual metering - When required

Current through Register Vol. 51, page 10, July 15, 2024
Individual gas metering or electric metering, or both, shall
				  be required under the following circumstances for all gas and electric
				  utilities under the commission's jurisdiction:
(1) For new multiple-occupancy
				buildings;
(2) For new mobile home
				parks and trailer courts;
(3) For
				an existing multiple-occupancy building receiving either master metered gas
				service or electric service, or both, which is substantially remodeled or
				renovated, beginning after June 13, 1980, for continued use as a
				multiple-occupancy building. Either gas service or electric service, or both,
				shall be individually metered to the units of the building after completion of
				the remodeling or renovation. However, if the owner of the building can
				demonstrate to the commission that converting the building to individual meters
				after the remodeling or renovation is impractical, uneconomical, or infeasible,
				the commission may grant the owner a master metering variance allowing the
				building to remain master metered after the remodeling or renovation. The
				commission shall not consider expenditures made prior to the filing of the
				application in its determination of what is impractical, uneconomical, or
				infeasible; and
(4) For any
				multiple-occupancy building constructed, owned or operated with funds
				appropriated through the department of housing and urban development, or any
				other federal or state government agency, unless a formal regulation of the
				funding agency requires master metering.
General Authority:
SDCL
					 49-1-11,
					 49-34A-4,
					 49-34A-27.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-27.
Collateral References:In the Matter of the
					 Investigation of Master Metering
, Docket F-3237, Decision and Order
					 dated June 13, 1980 (Errata Notice dated December 22, 1980);
In the
					 Matter of the Investigation of Master Metering
, Docket F-3237, Decision
					 and Order dated July 24, 1981;
In the Matter of the Petition For
					 Declaratory Ruling by S&D Metering, Ltd.
, F-3621, Declaratory Ruling
					 and F-3237, Modifying in Part, Decision and Order dated October 2,
					 1986.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:26 - Master metering variance rules › Section 20:10:26:04 - Individual metering - When not required

Current through Register Vol. 51, page 10, July 15, 2024
Individual meters are not required and no variance need be
				  requested under the following circumstances:
(1) For residential multiple-occupancy
				buildings consisting of only two units, of which one unit is occupied by the
				owner of the building;
(2) For
				hospitals, nursing homes, transient hotels and motels, dormitories,
				campgrounds, and other residential facilities of a strictly transient
				nature;
(3) For existing
				multiple-occupancy buildings which currently receive either master metered gas
				service or electric service, or both;
(4) For existing mobile home courts and
				trailer parks;
(5) For
				multiple-occupancy residential buildings where gas service is used only for
				either gas ranges or gas dryers, or both; and
(6) For multiple-occupancy buildings which
				have central heating or cooling systems, central ventilating systems, or
				central water heating systems.
If a building does not fall within one of the exceptions
				  listed in this section or does fall within one of the subdivisions of §
										20:10:26:03, the applicant may
				  file an application for a variance with the commission consistent with this
				  chapter.
General Authority:
SDCL
					 49-1-11,
					 49-34A-4,
					 49-34A-27.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-27.
Collateral References: In the Matter of the
					 Investigation of Master Metering
, Docket F-3237, Decision and Order
					 dated June 13, 1980 (Errata Notice dated December 22, 1980);
In the
					 Matter of the Investigation of Master Metering
, Docket F-3237, Decision
					 and Order dated July 24, 1981;
In the Matter of the Petition For
					 Declaratory Ruling by S&D Metering, Ltd.
, F-3621, Declaratory Ruling
					 and F-3237, Modifying in Part, Decision and Order dated October 2,
					 1986.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:26 - Master metering variance rules › Section 20:10:26:05 - Information required in variance application

Current through Register Vol. 51, page 10, July 15, 2024
The applicant for a master metering variance shall serve on
				  the commission, with a copy to the affected utility company, an application for
				  the variance. The information required in the application for a variance shall
				  include the following:
(1) The type of
				project or structure for which a variance is sought;
(2) A reference to the section of this
				chapter under which the variance is requested;
(3) The reasons for granting a variance,
				including cost-effectiveness, energy efficiency, and energy conservation
				effects; and
(4) Whether a hearing
				is also requested.
The application may also include any affidavits, exhibits, or
				  other information which would support granting a variance.
General Authority:
SDCL
					 49-1-11,
					 49-34A-4,
					 49-34A-27.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-27.
Collateral References:In the Matter of the
					 Investigation of Master Metering
, Docket F-3237, Decision and Order
					 dated June 13, 1980 (Errata Notice dated December 22, 1980);
In the
					 Matter of the Investigation of Master Metering
, Docket F-3237, Decision
					 and Order dated July 24, 1981;
In the Matter of the Petition For
					 Declaratory Ruling by S&D Metering, Ltd.
, F-3621, Declaratory Ruling
					 and F-3237, Modifying in Part, Decision and Order dated October 2,
					 1986.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:26 - Master metering variance rules › Section 20:10:26:06 - Notice requirements if no hearing is requested

Current through Register Vol. 51, page 10, July 15, 2024
If the applicant has not requested a hearing, the commission
				  shall serve notice on the affected utility company and all parties within 15
				  days after receipt in the commission's offices of a variance application which
				  is in compliance with the provisions of §
									20:10:26:05. The parties served
				  notice of the variance request shall have 15 days to respond to the notice.
				  Failure of the parties who are served notice to request a hearing within 15
				  days after service of the notice is considered a waiver of hearing.
If the hearing is waived, the commission shall consider the
				  application without a hearing and enter its decision.
General Authority:
SDCL
					 49-1-11,
					 49-34A-4,
					 49-34A-27.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-27.
Collateral References: In the Matter of the
					 Investigation of Master Metering
, Docket F-3237, Decision and Order
					 dated June 13, 1980 (Errata Notice dated December 22, 1980);
In the
					 Matter of the Investigation of Master Metering
, Docket F-3237, Decision
					 and Order dated July 24, 1981;
In the Matter of the Petition For
					 Declaratory Ruling by S&D Metering, Ltd.
, F-3621, Declaratory Ruling
					 and F-3237, Modifying in Part, Decision and Order dated October 2,
					 1986.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:26 - Master metering variance rules › Section 20:10:26:07 - Commission action upon a request for hearing

Current through Register Vol. 51, page 10, July 15, 2024
If the applicant or any party requests a hearing, the
				  commission shall serve notice of the hearing on the affected utility company
				  and all parties and may establish a procedural schedule.
General Authority:
SDCL
					 49-1-11,
					 49-34A-4,
					 49-34A-27.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-27.
Collateral References:In the Matter of the
					 Investigation of Master Metering
, Docket F-3237, Decision and Order
					 dated June 13, 1980 (Errata Notice dated December 22, 1980);
In the
					 Matter of the Investigation of Master Metering
, Docket F-3237, Decision
					 and Order dated July 24, 1981;
In the Matter of the Petition For
					 Declaratory Ruling by S&D Metering, Ltd.
, F-3621, Declaratory Ruling
					 and F-3237, Modifying in Part, Decision and Order dated October 2,
					 1986.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:26 - Master metering variance rules › Section 20:10:26:08 - Commission decision on variance application

Current through Register Vol. 51, page 10, July 15, 2024
Unless good cause is shown for extending the time to rule on
				  the variance application, the commission shall make a final decision on the
				  application within 60 days after receipt of a complete
				  application.
General Authority:
SDCL
					 49-1-11,
					 49-34A-4,
					 49-34A-27.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-27.
Collateral References:In the Matter of the
					 Investigation of Master Metering
, Docket F-3237, Decision and Order
					 dated June 13, 1980 (Errata Notice dated December 22, 1980);
In the
					 Matter of the Investigation of Master Metering
, Docket F-3237, Decision
					 and Order dated July 24, 1981;
In the Matter of the Petition For
					 Declaratory Ruling by S&D Metering, Ltd.
, F-3621, Declaratory Ruling
					 and F-3237, Modifying in Part, Decision and Order dated October 2,
					 1986.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:27 - Telecommunications switched access filing rules › Section 20:10:27:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
				  49-31-1 have the same meaning when
				  used in this chapter. In addition, terms used in this chapter mean:
(1) "Association," a voluntary
				telecommunications company association formed by individual telecommunications
				companies for the purpose of jointly filing and administering a common or
				uniform switched access tariff;
(2)
				"Carrier's carrier," a telecommunications company which provides access
				services or facilities to another telecommunications company which in turn uses
				those services or facilities to provide telecommunications services to the
				public;
(3) "Competitive local
				exchange carrier," a telecommunications company that provides local exchange
				services in an area in which an incumbent local exchange carrier also provides
				local exchange services;
(4)
				"Competitive local exchange services," local exchange services that are
				provided by a competitive local exchange carrier within a competitive service
				area;
(5) "Competitive service
				area," a local exchange area within which both an incumbent local exchange
				carrier and a competitive local exchange carrier provide local exchange
				services;
(6) "Feature group A," a
				line side termination at the first point of switching;
(7) "Feature group B," a trunk side switching
				through the use of end office or access tandem switch trunk
				equipment;
(8) "Feature group D,"
				an access service providing 1+ equal access;
(9) "Generally accepted accounting
				principles," a widely accepted set of rules, conventions, standards, and
				procedures for reporting financial information, as established by the Financial
				Accounting Standards Board;
(10)
				"Switched access," a telecommunications service which provides part or all of a
				communications path between the customer of the service and its end user which
				utilizes subscriber loop, transport, and switching functions;
(11) "Uniform system of accounts for
				telecommunications companies," a historical financial accounting system,
				codified at 47 C.F.R. Part 32 (October 1, 1991), prescribed by the federal
				communications commission, which reports the results of operational and
				financial events of a telecommunications company in a manner which enables both
				management and regulators to assess these results within a specified accounting
				period.
General Authority:
SDCL
					 49-1-11,
					 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:27 - Telecommunications switched access filing rules › Section 20:10:27:02 - Determination of intrastate switched access charges for incumbent local exchange carriers - Waiver or suspension of rule

Current through Register Vol. 51, page 10, July 15, 2024
Chapters 20:10:27 to 20:10:29, inclusive, establish rules for
				  the determination of switched access charges for intrastate switched access
				  services provided by each incumbent local exchange carrier operating in this
				  state. Charges for switched access services provided by incumbent local
				  exchange carriers shall be computed, assessed, and collected as provided in
				  chapters 20:10:27 to 20:10:29, inclusive, except as provided in§§
				  20:10:27:02.01, 20:10:27:02.02, and 20:10:27:11 to 20:10:27:13,
				  inclusive.
For good cause, the commission may, on its own motion or by
				  application from a carrier's carrier, temporarily waive or suspend any
				  commission rule in chapters 20:10:27 to 20:10:29, inclusive.
General Authority:
SDCL
					 49-1-11,
					 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:27 - Telecommunications switched access filing rules › Section 20:10:27:02.01 - Determination of intrastate switched access charges for competitive local exchange carriers

Current through Register Vol. 51, page 10, July 15, 2024
A competitive local exchange carrier shall charge intrastate
				  switched access rates that do not exceed the intrastate switched access rate of
				  the Regional Bell Operating Company operating in the state.
General Authority:
SDCL
					 49-1-11,
					 49-31-1.4,
					 49-31-4.1,
					 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:27 - Telecommunications switched access filing rules › Section 20:10:27:02.02 - Exception for determination of switched access rates of competitive local exchange carriers

Current through Register Vol. 51, page 10, July 15, 2024
If a competitive local exchange carrier believes that a
				  higher rate than the rate allowed under §
									20:10:27:02.01 is justified under
				  price regulation, the carrier may file a cost study in accordance with chapters
				  20:10:27 to 20:10:29 to determine its fully allocated cost of providing
				  switched access services. In addition to considering the fully allocated cost
				  of providing switched access services, the commission shall consider the other
				  factors in SDCL
				  49-31-1.4 in its determination of
				  the competitive local exchange carrier's price for switched access
				  services.
General Authority:
SDCL
					 49-1-11,
					 49-31-1.4,
					 49-31-4.1,
					 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:27 - Telecommunications switched access filing rules › Section 20:10:27:03 - Costs subject to commission's ratemaking determinations

Current through Register Vol. 51, page 10, July 15, 2024
The costs used to compute switched access charges are subject
				  to the accounting and ratemaking determinations of the commission. The
				  separations procedures are not to be interpreted as indicating what property,
				  revenues, expenses, and taxes or what items carried in the income, reserve, and
				  retained earnings accounts should or should not be considered in any
				  investigation or rate proceeding.
General Authority:
SDCL
					 49-1-11,
					 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:27 - Telecommunications switched access filing rules › Section 20:10:27:04 - Uniform system of accounts used for classification - Petition to use generally accepted accounting principles

Current through Register Vol. 51, page 10, July 15, 2024
Each carrier's carrier shall classify its accounts of
				  telecommunications property, revenues, and expenses as set forth in chapters
				  20:10:27 to 20:10:29, inclusive, by the method prescribed by the federal
				  communications commission's uniform system of accounts for telecommunications
				  companies in 47 C.F.R. Part 32 (October 1, 1991), except as provided in
				  §§
									20:10:27:11 to
				  20:10:27:13, inclusive.
A carrier's carrier may petition the commission to use
				  generally accepted accounting principles instead of the uniform system of
				  accounts. The commission shall grant the petition if the carrier's carrier
				  demonstrates that its use of the uniform system of accounts is unduly
				  burdensome and that it is able to map its accounts to substantially reproduce
				  the process and end result produced by the uniform system of
				  accounts.
General Authority:
SDCL
					 49-1-11,
					 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:27 - Telecommunications switched access filing rules › Section 20:10:27:05 - Separation of switched access costs - Imputation

Current through Register Vol. 51, page 10, July 15, 2024
Those telecommunications companies that provide both
				  intrastate switched access and intrastate message toll services shall remove
				  those costs which are attributable to intrastate message toll services from the
				  switched access costs otherwise derived from the use of chapters 20:10:28 and
				  20:10:29. Separated access costs and related access charges must be imputed to
				  all intracompany toll service minutes of usage.
General Authority:
SDCL
					 49-1-11,
					 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:27 - Telecommunications switched access filing rules › Section 20:10:27:06 - Intrastate switched access service tariff - Recovery of costs - Return on investment

Current through Register Vol. 51, page 10, July 15, 2024
Each carrier's carrier or association shall file a tariff
				  that is designed to recover no more than its intrastate switched access costs
				  as determined by the commission and developed pursuant to chapters 20:10:28 and
				  20:10:29, including a commission-approved return on investment. The commission
				  shall determine the allowed rate of return on net investment separately for
				  each carrier's carrier.
General Authority:
SDCL
					 49-1-11,
					 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:27 - Telecommunications switched access filing rules › Section 20:10:27:07 - Filing of intrastate switched access service tariff

Current through Register Vol. 51, page 10, July 15, 2024
Each carrier's carrier or association shall file an initial
				  tariff for switched access service with the commission. Each carrier's carrier
				  or association that used a cost study in its calculation of its rates shall
				  file cost data in support of its switched access service tariff no less than
				  once every three years. Each carrier's carrier or association may file for a
				  rate change in accordance with SDCL
				  49-31-12.2 to
				  49-31-12.4, inclusive. The
				  commission may change or revise any switched access rate or price in accordance
				  with SDCL 49-31-12 and
				  49-31-12.4.
General Authority:
SDCL
					 49-1-11,
					 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:27 - Telecommunications switched access filing rules › Section 20:10:27:08 - Filing of an association switched access service tariff

Current through Register Vol. 51, page 10, July 15, 2024
An association may file a switched access service tariff as
				  an agent for all telecommunications companies that voluntarily participate in
				  an association switched access service tariff. A revenue requirements study
				  filed by the association is a composite of the individual association members'
				  revenue requirements. The association's revenue requirement divided by
				  consolidated minutes of use of all the individual association members results
				  in the association's switched access rates. A telecommunications company or
				  group of affiliated telecommunications companies that elects to withdraw from
				  an association and file its own switched access service tariff shall notify the
				  association and the commission at least 90 days in advance of the filing that
				  it will no longer participate in the association switched access service
				  tariff.
General Authority:
SDCL
					 49-1-11,
					 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:27 - Telecommunications switched access filing rules › Section 20:10:27:09 - Merger or acquisition of association switched access service tariff participant

Current through Register Vol. 51, page 10, July 15, 2024
An association switched access service tariff participant
				  that is a party to a merger or an acquisition may continue to participate in
				  the association switched access service tariff. The association switched access
				  service tariff participant may include other telecommunications properties
				  involved in the merger or acquisition in the association switched access
				  service tariff.
General Authority:
SDCL
					 49-1-11,
					 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:27 - Telecommunications switched access filing rules › Section 20:10:27:10 - Use of computer program - Petition to use company-specific computer program - Certification

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company that files initial switched
				  access rates or for a change in switched access rates shall use the computer
				  program provided by the commission to determine switched access rates in
				  accordance with chapters 20:10:28 and 20:10:29. However, a company may petition
				  the commission to use its own company-specific computer program. The company's
				  general manager or an authorized management representative of the company shall
				  certify that the switched access rates filed with the commission were developed
				  using the rules in chapters 20:10:27 to 20:10:29, inclusive. The commission may
				  allow the use of such a computer program if it finds the program complies with
				  chapters 20:10:27 to 20:10:29, inclusive.
General Authority:
SDCL
					 49-1-11,
					 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.