South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:02 - Certificate of authority for interexchange service - Application requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each telecommunications company required to apply for a
				  certificate of authority with the commission pursuant to SDCL
				  49-31-3 for interexchange service
				  shall provide the following information with the company's application unless
				  the commission grants a waiver to omit a specific item of information:
(1) The applicant's name, address, telephone
				number, facsimile number, web page URL, and E-mail address;
(2) A description of the legal and
				organizational structure of the applicant's company;
(3) The name under which the applicant will
				provide interexchange services if different than in subdivision (1) of this
				section;
(4) A copy of the
				applicant's certificate of authority to transact business in South Dakota from
				the Secretary of State;
(5) The
				location of the applicant's principal office, if any, in this state and the
				name and address of its current registered agent, if applicable;
(6) A list and specific description of the
				telecommunications services the applicant intends to offer;
(7) A detailed statement of how the applicant
				will provide its services;
(8) A
				service area map or narrative description indicating with particularity the
				geographic area proposed to be served by the applicant;
(9) For the most recent 12 month period,
				financial statements of the applicant including a balance sheet, income
				statement, and cash flow statement. The applicant shall provide audited
				financial statements, if available;
(10) The names, addresses, telephone number,
				facsimile number, E-mail address, and toll free number of the applicant's
				representatives to whom all inquiries must be made regarding complaints and
				regulatory matters and a description of how the applicant handles customer
				service matters;
(11) Information
				concerning how the applicant plans to bill and collect charges from
				customers;
(12) Information
				concerning the applicant's policies relating to solicitation of new customers
				and a description of the efforts the applicant shall use to prevent the
				unauthorized switching of interexchange customers;
(13) Information concerning how the applicant
				will make available to any person information concerning the applicant's
				current rates, terms, and conditions for all of its telecommunications
				services;
(14) Information
				concerning how the applicant will notify a customer of any materially adverse
				change to any rate, term, or condition of any telecommunications service being
				provided to the customer. The notification must be made at least thirty days in
				advance of the change;
(15) A list
				of the states in which the applicant is registered or certified to provide
				telecommunications services, whether the applicant has ever been denied
				registration or certification in any state and the reasons for any such denial,
				a statement as to whether or not the applicant is in good standing with the
				appropriate regulatory agency in the states where it is registered or
				certified, and a detailed explanation of why the applicant is not in good
				standing in a given state, if applicable;
(16) A description of how the applicant
				intends to market its services, its target market, whether the applicant
				engages in any multilevel marketing, and copies of any company brochures used
				to assist in the sale of services;
(17) Federal tax identification number and
				South Dakota sales tax number;
(18)
				The number and nature of complaints filed against the applicant with any state
				or federal regulatory commission regarding the unauthorized switching of a
				customer's telecommunications provider and the act of charging customers for
				services that have not been ordered;
(19) A written request for waiver of those
				rules the applicant believes to be inapplicable; and
(20) Other information requested by the
				commission needed to demonstrate that the applicant has sufficient technical,
				financial, and managerial capabilities to provide the interexchange services it
				intends to offer consistent with the requirements of this chapter and other
				applicable rules and laws.
The commission may require the production of audited
				  financial statements and additional information to supplement that contained in
				  the application. A company shall notify the commission of any changes in
				  subdivisions (1), (3), (5), (8), and (10) of this section as they
				  occur.
General Authority:
SDCL
					 49-31-3.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-12.7.