South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:06 - Rejection of incomplete application - Decision criteria for granting a certificate of authority

Current through Register Vol. 51, page 10, July 15, 2024
A certificate of authority to provide local exchange service
				  may not be granted unless the applicant establishes sufficient technical,
				  financial, and managerial ability to provide the local exchange services
				  described in its application consistent with the requirements of this chapter
				  and other applicable laws, rules, and commission orders. If an application is
				  incomplete, inaccurate, false, or misleading, the commission shall reject the
				  application. In determining if an applicant has sufficient technical,
				  financial, and managerial capabilities and whether to grant a certificate of
				  authority for local exchange services the commission shall consider:
(1) If the applicant has an actual intent to
				provide local exchange services in South Dakota;
(2) Prior experience of the applicant or the
				applicants principals or employees in providing telecommunications services or
				related services in South Dakota or other jurisdictions, including the extent
				to which that experience relates to and is comparable to service plans outlined
				in the filed application;
(3) The
				applicants personnel, staffing, equipment, and procedures, including the extent
				to which these are adequate to ensure compliance with the commissions rules and
				orders relating to service obligations, service quality, customer service, and
				other relevant areas;
(4) The
				nature and location of any proposed or existing facilities which the applicant
				intends to use in providing local exchange services;
(5) If the applicant intends to resell local
				exchange services or enter into facility arrangements with other
				telecommunications carriers, when the necessary arrangements will be in
				place;
(6) The applicants marketing
				plans and its plan and resources for receiving and responding to customer
				inquiries and complaints;
(7) If
				the applicant has sufficient financial resources to support the provisioning of
				local exchange service in a manner that ensures the continued quality of
				telecommunications services and safeguards consumer and public
				interests;
(8) If the applicant, in
				providing its local exchange services, will be able to provide all customers
				with access to interexchange services, operator services, directory assistance,
				directory listings, and emergency services such as 911 and enhanced
				911;
(9) If the applicant is
				seeking authority to provide local exchange services in the service area of a
				rural telephone company, if the applicants plans for meeting the additional
				service obligations imposed in rural telephone company service areas pursuant
				to §
									20:10:32:15 are adequate and
				demonstrate that the applicant will in fact meet such obligations;
(10) The extent to which the applicant,
				applicants affiliates, or applicants principals have been subject to any civil,
				criminal, or administrative action in connection with the provisioning of
				telecommunications services; and
(11) Any other factors relevant to
				determining the applicants technical, financial, and managerial capability to
				provide the services described in the application consistent with the
				requirements of this chapter and other applicable laws, rules, and commission
				orders.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-71,
					 49-31-76.