reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:30 - Apportionment of other investment

Current through Register Vol. 51, page 10, July 15, 2024
Investment that is not apportioned pursuant to §§
									20:10:29:19 to
				  20:10:29:29, inclusive, is
				  apportioned among the interexchange, billing and collection, and special access
				  categories and switched access elements in the same proportions as the combined
				  investment that is apportioned pursuant to §§
									20:10:29:20 to
				  20:10:29:29,
				  inclusive.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Other investment,
					 47 C.F.R. §
												69.309
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:31 - Assignment of capital leases in account 2680

Current through Register Vol. 51, page 10, July 15, 2024
Capital leases in account 2680 are directly assigned to the
				  applicable interexchange category, special access category, or switched access
				  elements consistent with the treatment prescribed for similar plant costs or
				  are apportioned in the same manner as account 2001.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Telecommunications plant in service,
					 47 C.F.R. §
												32.2001 (1991).
Amortizable tangible assets,
					 47 C.F.R. §
												32.2680 (1991).
Capital leases,
					 47 C.F.R. §
												69.310
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:32 - Apportionment of plant-specific operations expenses in accounts 6110 and 6120

Current through Register Vol. 51, page 10, July 15, 2024
Plant-specific operations expenses in accounts 6110 and 6120
				  are apportioned among the interexchange category, the billing and collection
				  category, the special access category, and applicable switched access elements
				  on the following bases:
(1)Account
				6110 - apportion based on other investment pursuant to §
									20:10:29:30;
(2)Account 6120 - apportion based on general
				and support facilities investment pursuant to §
									20:10:29:28.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Network support expenses,
					 47 C.F.R. §
												32.6110 (1991).
General support expenses,
					 47 C.F.R. §
												32.6120 (1991).
Direct expenses,
					 47 C.F.R. §
												69.401(a)
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:33 - Apportionment of plant-specific operations expenses in accounts 6210, 6220, and 6230

Current through Register Vol. 51, page 10, July 15, 2024
Plant-specific operations expenses in accounts 6210, 6220,
				  and 6230 are apportioned among the interexchange category, the special access
				  category, and switched access elements based on the apportionment of the total
				  central office equipment investment.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Central office switching expense,
					 47 C.F.R. §
												32.6210 (1991).
Operator systems expense,
					 47 C.F.R. §
												32.6220 (1991).
Central office transmission expense,
					 47 C.F.R. §
												32.6230 (1991).
Direct expenses,
					 47 C.F.R. §
												69.401(b)
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:34 - Apportionment of plant-specific operations expenses in accounts 6310 and 6410

Current through Register Vol. 51, page 10, July 15, 2024
Plant-specific operations expenses in accounts 6310 and 6410,
				  excluding expenses incurred to provision pay telephone service, are assigned to
				  the applicable investment category and are apportioned among the interexchange
				  category, the special access category, and switched access elements in the same
				  proportions as the total associated investment.
General Authority:
SDCL 49-1-11(3),
					 49-31-5(14), 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Information origination/termination expenses,
					 47 C.F.R. §
												32.6310 (1991).
Cable and wire facilities expenses,
					 47 C.F.R. §
												32.6410 (1991).
Direct expenses,
					 47 C.F.R. §
												69.401(c)
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:35 - Apportionment of plant-nonspecific operations expenses in accounts 6510 and 6530

Current through Register Vol. 51, page 10, July 15, 2024
Plant-nonspecific operations expenses in accounts 6510 and
				  6530 are apportioned among the interexchange category, the billing and
				  collection category, the special access category, and switched access elements
				  in the same proportions as the combined investment in central office equipment,
				  information origination/termination equipment, and cable and wire facilities
				  are apportioned to each element and category.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Other property, plant and equipment expenses,
					 47 C.F.R. §
												32.6510 (1991).
Network operations expenses,
					 47 C.F.R. §
												32.6530 (1991).
Direct expenses,
					 47 C.F.R. §
												69.401(d)
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:36 - Assignment of plant-nonspecific operations expenses in account 6540

Current through Register Vol. 51, page 10, July 15, 2024
Plant-nonspecific operations expenses in account 6540 are
				  assigned to the interexchange category.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Access expense,
					 47 C.F.R. §
												32.6540 (1991); Direct expenses,
					 47 C.F.R. §
												69.401(e)
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:37 - Apportionment of plant-nonspecific operations expenses in account 6560

Current through Register Vol. 51, page 10, July 15, 2024
Plant-nonspecific operations expenses in account 6560 are
				  apportioned among the interexchange category, the billing and collection
				  category, the special access category, and switched access elements in the same
				  proportion as the associated investment.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Depreciation and amortization expenses,
					 47 C.F.R. §
												32.6560 (1991); Direct expenses,
					 47 C.F.R. §
												69.401(f)
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:38 - Amortization of embedded customer premises wiring investment

Current through Register Vol. 51, page 10, July 15, 2024
Amortization of embedded customer premises wiring investment
				  is associated with §
									20:10:29:20 information
				  origination/termination equipment investment for purposes of the apportionment
				  described in §
									20:10:29:34.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Direct expenses,
					 47 C.F.R. §
												69.401(g)
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:39 - Apportionment of operating taxes in account 7200

Current through Register Vol. 51, page 10, July 15, 2024
Federal, state, and local income taxes in account 7200 are
				  apportioned among the interexchange category, the billing and collection
				  category, the special access category, and all switched access elements based
				  on the approximate net taxable income on which the tax is levied, positive or
				  negative, applicable to each element and category.
State and local gross receipts or gross earnings taxes are
				  apportioned based on revenues.
All other operating taxes are apportioned among the
				  interexchange category, the billing and collection category, the special access
				  category, and all switched access elements in the same manner as the investment
				  apportioned to each element and category pursuant to §
									20:10:29:30, other
				  investment.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Operating taxes,
					 47 C.F.R. §
												32.7200 (1991); Operating taxes,
					 47 C.F.R. §
												69.402(a)(b)
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:40 - Apportionment of marketing expenses in account 6610

Current through Register Vol. 51, page 10, July 15, 2024
Marketing expenses in account 6610 are apportioned among the
				  interexchange category, the special access category, and all switched access
				  elements in the same proportions as the combined investment that is apportioned
				  pursuant to §
									20:10:29:30.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Marketing,
					 47 C.F.R. §
												32.6610 (1991); Marketing expenses,
					 47 C.F.R. §
												69.403
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:41 - Apportionment of telephone operator services expenses in account 6620

Current through Register Vol. 51, page 10, July 15, 2024
Telephone operator services expenses in account 6620 are
				  apportioned among the information category, the interexchange category, and the
				  local switching elements based on the relative number of weighted standard work
				  seconds. For those companies that contract with another company for the
				  provision of these services, the expenses incurred are directly assigned among
				  the interexchange category, the information category, and the local switching
				  elements based on the bill for the services provided.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Services,
					 47 C.F.R. §
												32.6620 (1991); Telephone operator services
					 expenses in account 6620, 47
					 C.F.R. §
												69.404
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:42 - Assignment of published directory expenses in account 6620

Current through Register Vol. 51, page 10, July 15, 2024
Published directory expenses in account 6620 are assigned to
				  the information category.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Services,
					 47 C.F.R. §
												32.6620 (1991); Published directory expenses
					 in account 6620, 47 C.F.R.
					 §
												69.405
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:43 - Assignment of local business office expenses in account 6620

Current through Register Vol. 51, page 10, July 15, 2024
Local business office expenses in account 6620, excluding
				  expenses incurred to provision pay telephone service, are assigned as
				  follows:
(1) End user service order
				processing expenses attributable to presubscription are apportioned among the
				carrier common line, local switching, and transport elements in the same
				proportions as the investment apportioned to those elements pursuant to §
									20:10:29:30;
(2) End user service order processing,
				payment and collection, and billing inquiry expenses attributable to the
				company's own intrastate private line and special access service are assigned
				to the special access category;
(3)
				End user service order processing, payment and collection, and billing inquiry
				expenses attributable to intrastate private line service offered by an
				interexchange carrier are assigned to the billing and collection
				category;
(4) End user service
				order processing, payment and collection, and billing inquiry expenses
				attributable to the company's own intrastate message toll service are assigned
				to the interexchange category. End user service order processing, payment and
				collection, and billing inquiry expenses attributable to intrastate message
				toll service offered by an interexchange carrier are assigned to the billing
				and collection category;
(5)
				Interexchange carrier service order processing, payment and collection, and
				billing inquiry expenses attributable to private lines and special access are
				assigned to the special access category;
(6) Interexchange carrier service order
				processing, payment and collection, and billing inquiry expenses attributable
				to intrastate switched access are apportioned among the common line, local
				switching, and transport elements in the same proportion as the investment
				apportioned to those elements pursuant to §
									20:10:29:30; and
(7) Interexchange carrier service order
				processing, payment and collection, and billing inquiry expenses attributable
				to billing and collection service are assigned to the billing and collection
				category.
General Authority:
SDCL 49-1-11(3),
					 49-31-5(14), 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Services,
					 47 C.F.R. §
												32.6620 (1991); Local business office
					 expenses in account 6620, 47
					 C.F.R. §
												69.406(a)
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:44 - Assignment of revenue accounting expenses in account 6620

Current through Register Vol. 51, page 10, July 15, 2024
Revenue accounting expenses in account 6620 that are
				  attributable to a carrier's carrier's access billing and collecting expense are
				  apportioned among all carrier's carrier's access elements except the common
				  line element. Such expenses are apportioned in the same proportion as the
				  combined investment in central office equipment, cable and wire facilities, and
				  information origination/termination equipment is apportioned to those
				  elements.
All other revenue accounting expenses are assigned to the
				  billing and collection category.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Services,
					 47 C.F.R. §
												32.6620 (1991); Revenue accounting expenses
					 in account 6620, 47 C.F.R.
					 §
												69.407(b)(c)
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:45 - Apportionment of all other customer services expenses in account 6620

Current through Register Vol. 51, page 10, July 15, 2024
All other customer services expenses in account 6620 are
				  apportioned among the special access category, interexchange category, the
				  billing and collection category, and all switched access elements based on the
				  combined expenses in §§
									20:10:29:41 to
				  20:10:29:44,
				  inclusive.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Services,
					 47 C.F.R. §
												32.6620 (1991); All other customer services
					 expenses in account 6620, 47
					 C.F.R. §
												69.408
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:46 - Apportionment of corporate operations expenses in accounts 6710 and 6720

Current through Register Vol. 51, page 10, July 15, 2024
All corporate operations expenses in accounts 6710 and 6720
				  are apportioned among the special access category, interexchange category, the
				  billing and collection category, and all switched access elements in accordance
				  with the big three expense factor as defined in §
									20:10:29:01.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Executive and planning, 47 C.F.R. § 32.6710
					 (1991).
General and administrative,
					 47 C.F.R. §
												32.6720 (1991).
Corporate operations expenses,
					 47 C.F.R. §
												69.409
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:47 - Assignment of equal access expenses

Current through Register Vol. 51, page 10, July 15, 2024
Equal access expenses are assigned to the local switching
				  element.
General Authority:
SDCL
					 49-1-11,
					 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Equal access expenses, 47 C.F.R. § 69.410
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:29 - Telecommunications switched access charges › Section 20:10:29:48 - Apportionment of other expenses

Current through Register Vol. 51, page 10, July 15, 2024
Expenses that are not apportioned pursuant to §§
									20:10:29:32 to
				  20:10:29:47, inclusive, are
				  apportioned among the interexchange category, the special access category, and
				  all switched access elements in the same manner as §
									20:10:29:30, other
				  investment.
General Authority:
SDCL 49-1-11, 49-31-5,
					 49-31-18.
Law Implemented:
SDCL
					 49-31-18.
Other expenses,
					 47 C.F.R. §
												69.411
					 (1991).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:30 - Assignment of N11 dialing codes › Section 20:10:30:01 - Available codes

Current through Register Vol. 51, page 10, July 15, 2024
The commission may, upon receipt of an application or upon
				  its own motion, assign an available N11 dialing code within South Dakota local
				  exchanges to a qualified person. Codes 611 and 811 may be assigned if a local
				  exchange carrier (LEC) does not at the time of the application or motion use
				  those codes or if the commission determines, pursuant to §
									20:10:30:10, that the purpose
				  proposed in the application or motion is a higher public interest than the
				  purpose for which the LEC is using the 611 or 811 dialing
				  code.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-5,
					 49-31-7,
					 49-31-7.1.
Persons, organizations and entities subject to general
					 jurisdiction provisions, SDCL
					 15-7-1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:30 - Assignment of N11 dialing codes › Section 20:10:30:01.01 - Criteria for assignment

Current through Register Vol. 51, page 10, July 15, 2024
An application for the assignment of an N11 dialing code must
				  demonstrate that the service to be provided or accessed through the use of the
				  dialing code provides direct and substantial benefits to the public. In
				  demonstrating the benefits the applicant must address in its application, and
				  the commission may consider the following, as applicable:
(1) The emergency nature of the services and
				their benefit to the health, safety, and welfare of persons;
(2) Access to a broad range of national,
				state, and local governmental and public agencies;
(3) Access to communications services by
				persons disadvantaged by a physical impairment;
(4) Facilitation of customer connection to
				the local telecommunications network;
(5) Whether the assignment of a particular
				dialing code maximizes public benefits and minimizes public
				confusion;
(6) Whether the
				assignment of a particular code is compatible with the national, state, and
				local concerns for the preservation of universal service and the efficient,
				effective use of local telecommunications networks;
(7) Whether the assignment of a particular
				dialing code facilitates the national or international assignment of the same
				code for similar services; and
(8)
				Any other criteria the commission considers relevant to a public interest
				determination.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-5,
					 49-31-7,
					 49-31-7.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:30 - Assignment of N11 dialing codes › Section 20:10:30:02 - Assignment

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall assign an N11 dialing code to an
				  application which will provide the most direct and substantial benefits to the
				  public if the application is complete and meets the criteria established by
				  this chapter for the assignment of such codes. If two applications for a
				  particular dialing code propose to provide services which the commission finds
				  are equally beneficial to the public, the commission shall assign the N11
				  dialing code to the application filed earliest.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-5,
					 49-31-7,
					 49-31-7.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:30 - Assignment of N11 dialing codes › Section 20:10:30:03 - Application - Contents

Current through Register Vol. 51, page 10, July 15, 2024
An application filed under this chapter must contain the
				  information and be in the form required by §
									20:10:24:02, except in lieu of
				  subdivision 20:10:24:02(5) the application must include a specific description
				  of the purpose for which the N11 code will be used.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-5,
					 49-31-7,
					 49-31-7.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:30 - Assignment of N11 dialing codes › Section 20:10:30:04 - Financial information

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the financial information required by
				  subdivision 20:10:24:02(8), the application must include a schedule showing the
				  investment to be made in the proposed service, an estimate of expenses, and the
				  expected revenues.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-5,
					 49-31-7,
					 49-31-7.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:30 - Assignment of N11 dialing codes › Section 20:10:30:05 - Burden of proof - Public interest - Technical, financial, and managerial capabilities

Current through Register Vol. 51, page 10, July 15, 2024
The applicant has the burden of proving in its application
				  that the services the applicant will provide through the use of the N11 dialing
				  code are in the public interest and that the applicant has sufficient
				  technical, financial, and managerial capabilities to provide the
				  services.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-5,
					 49-31-7,
					 49-31-7.1.
General supervision of telecommunications companies
					 offering common carrier services by commission where not preempted - Filing
					 application with commission - Demonstration of capabilities - Rules - Offering
					 services without certificate of authority as misdemeanor, SDCL
					 49-31-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:30 - Assignment of N11 dialing codes › Section 20:10:30:06 - Interim approval - Terms and conditions

Current through Register Vol. 51, page 10, July 15, 2024
The commission may assign an interim N11 dialing code to
				  determine the feasibility of a permanent assignment of the N11 dialing code. An
				  interim assignment is subject to the terms and conditions established by the
				  commission after notice and opportunity for hearing.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-5,
					 49-31-7,
					 49-31-7.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:30 - Assignment of N11 dialing codes › Section 20:10:30:07 - Nontransferability

Current through Register Vol. 51, page 10, July 15, 2024
The commission's interim approval or assignment of an N11
				  dialing code may not be transferred by the applicant.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-5,
					 49-31-7,
					 49-31-7.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:30 - Assignment of N11 dialing codes › Section 20:10:30:08 - Termination for failure to provide service within 90 days

Current through Register Vol. 51, page 10, July 15, 2024
If the applicant fails to provide the service proposed in its
				  application and to notify the commission in writing that it has begun providing
				  the service within 90 days from the date of the commission's order granting the
				  application, the assignment is automatically terminated and the N11 dialing
				  code is available for reassignment. An applicant may request and the commission
				  may, upon a showing of good cause, grant an extension of the 90 day
				  period.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-5,
					 49-31-7,
					 49-31-7.1.
Scope and application, §
											20:10:05:01.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:30 - Assignment of N11 dialing codes › Section 20:10:30:09 - Termination if service no longer in public interest

Current through Register Vol. 51, page 10, July 15, 2024
If the commission, after notice and opportunity for hearing,
				  determines that the service provided by the applicant pursuant to the
				  assignment of the N11 dialing code is no longer in the public interest, the
				  assignment is terminated as of the effective date of the commission's order and
				  the N11 dialing code is available for reassignment.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-5,
					 49-31-7,
					 49-31-7.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:30 - Assignment of N11 dialing codes › Section 20:10:30:10 - Termination for higher public interest

Current through Register Vol. 51, page 10, July 15, 2024
If it becomes necessary to use an assigned N11 dialing code
				  for an area code pursuant to a determination by the North American Numbering
				  Plan (NANP) administrator, if the Federal Communications Commission (FCC)
				  determines the assigned N11 dialing code is required for a national service, or
				  if the commission determines, after notice and opportunity for hearing, that an
				  assigned N11 dialing code is required for a higher public interest, the
				  assignment shall terminate on the date specified in the notice from the NANP
				  administrator or the FCC or in the commission's order.
General Authority:
SDCL
					 49-31-5.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-5,
					 49-31-7,
					 49-31-7.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:31 - Assessment of fees for intrastate gas pipeline operators › Section 20:10:31:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
				  49-34B-1 have the same meaning
				  when used in this chapter. In addition, terms used in this chapter mean:
(1) "Direct costs," all expenses incurred by
				the commission that are directly attributable to a pipeline facility for the
				inspection or investigation of the facilities, including enforcement
				proceedings;
(2) "Distribution
				pipeline operator," natural gas distribution operator, liquefied petroleum gas
				distribution operator, liquefied natural gas operator, or master meter system
				operator;
(3) "Quarter," the
				three-month period ending March 31, June 30, September 30, or December
				31;
(4) "Support costs," all
				expenses incurred by the commission for the pipeline safety inspection program
				as authorized pursuant to SDCL chapter 49-34 B that are not direct
				costs.
General Authority:
SDCL
					 49-34B-20.
Law Implemented:
SDCL
					 49-34B-9,
					 49-34B-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:31 - Assessment of fees for intrastate gas pipeline operators › Section 20:10:31:02 - Scope and application

Current through Register Vol. 51, page 10, July 15, 2024
This chapter sets the standards and procedures used to assess
				  pipeline operators for the pipeline safety inspection program created by SDCL
				  chapter 49-34 B. This chapter applies only to intrastate gas pipeline
				  facilities operated within the state.
General Authority:
SDCL
					 49-34B-20.
Law Implemented:
SDCL
					 49-34B-9,
					 49-34B-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:31 - Assessment of fees for intrastate gas pipeline operators › Section 20:10:31:03 - Reduction of support and direct costs

Current through Register Vol. 51, page 10, July 15, 2024
All federal reimbursements received by the commission for
				  prescribing, setting, and enforcing rules and safety standards for the
				  transportation of natural and other gas in accordance with federal law and all
				  civil penalties collected pursuant to SDCL
				  49-34B-12 are first applied as a
				  reduction of support cost assessments. Any money remaining after the reduction
				  of all support cost assessments is then applied on a prorated basis as a
				  reduction of direct cost assessments.
General Authority:
SDCL
					 49-34B-20.
Law Implemented:
SDCL
					 49-34B-9,
					 49-34B-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:31 - Assessment of fees for intrastate gas pipeline operators › Section 20:10:31:04 - Assessment of direct costs

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall charge a pipeline operator for all
				  direct costs not reduced by §
									20:10:31:03. The charges are
				  assessed and billed annually to each pipeline operator.
General Authority:
SDCL
					 49-34B-20.
Law Implemented:
SDCL
					 49-34B-9,
					 49-34B-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:31 - Assessment of fees for intrastate gas pipeline operators › Section 20:10:31:05 - Assessment of support costs

Current through Register Vol. 51, page 10, July 15, 2024
Support costs not reduced by §
									20:10:31:03 are first divided
				  equally between two categories. Fifty percent of the costs are allocated to
				  meters and fifty percent are allocated to miles. The number of miles in the
				  miles category is the total number of miles of intrastate gas distribution and
				  transmission pipeline. The number of meters is the total number of meters
				  operated by distribution operators. A gas transmission operator is assessed a
				  pro rata per mile share of the support costs based on the fifty percent
				  allocated to the miles category. The pipeline measurement is rounded up to the
				  next whole mile. The pipeline measurement for each operator is based on the
				  number of miles operated on the preceding December 31.
All remaining support costs are assessed on a pro rata basis
				  to distribution pipeline operators based on the number of meters in service by
				  that operator on the preceding December 31. An operator is considered to have
				  one meter in service for each unmetered individual service line on the
				  preceding December 31.
The charges are assessed and billed annually to each pipeline
				  operator.
General Authority:
SDCL
					 49-34B-20.
Law Implemented:
SDCL
					 49-34B-9,
					 49-34B-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:31 - Assessment of fees for intrastate gas pipeline operators › Section 20:10:31:06 - Assessment of initial inspection fee

Current through Register Vol. 51, page 10, July 15, 2024
An initial inspection fee of $100,000 is assessed to
				  intrastate gas pipeline operators. Intrastate distribution pipeline operators
				  with 50 meters or less are assessed a flat fee of $25. The remaining initial
				  inspection fee is prorated among all intrastate gas pipeline operators using
				  the same method used to assess support costs in §
									20:10:31:05.
General Authority:
SDCL
					 49-34B-20.
Law Implemented:
SDCL
					 49-34B-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:31 - Assessment of fees for intrastate gas pipeline operators › Section 20:10:31:07 - Objection to assessment

Current through Register Vol. 51, page 10, July 15, 2024
A pipeline operator who objects to an assessment within
				  thirty days after the assessment is mailed may withhold the amount of assessed
				  charges in dispute, without penalty, while a complaint is pending before the
				  commission. If a pipeline operator appeals the commission's decision, the
				  operator shall pay the disputed amount, subject to refund, to the
				  commission.
General Authority:
SDCL
					 49-34B-20.
Law Implemented:
SDCL
					 49-34B-9 to
					 49-34B-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter that are defined in SDCL 49-31-1
				  have the same meaning. In addition, the following terms used in this chapter
				  mean:
(1) "Alternative local service
				provider," a telecommunications company which seeks to provide or is providing
				local exchange services in competition with an incumbent local exchange
				carrier;
(2) "Incumbent local
				exchange carrier," a local service provider falling within the definition
				prescribed under 47 U.S.C.
				§
										251(h) (September 10,
				1998);
(3) "Local service
				provider," a telecommunications company which seeks to provide or is providing
				local exchange services in South Dakota pursuant to a certificate of authority
				granted by the commission, including both incumbent local exchange carriers and
				alternative local service providers;
(4) "Resale," the practice of purchasing
				local exchange services from another local service provider and reselling the
				services on a retail basis to end user customers;
(5) "Reseller," a local service provider that
				provides local exchange services to end users through resale without using its
				own network facilities or the unbundled network elements of a local exchange
				carrier.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-69,
					 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 20:10:32:02 - Certificate of authority required to provide local exchange service

Current through Register Vol. 51, page 10, July 15, 2024
A certificate of authority for local exchange service
				  obtained pursuant to this chapter applies only to the service area designated
				  in the application for certification, subject to any further limitations that
				  may be imposed by the commission pursuant to statute or this chapter. A
				  telecommunications company may not provide local exchange service in an area
				  for which it does not have a valid certificate of authority without first
				  obtaining an amended certificate of authority from the commission applicable to
				  the area into which the company proposes to expand. A certificate of authority
				  to provide local exchange services may include authority to provide such
				  services through the resale of a local exchange carriers services, the purchase
				  of a local exchange carriers network elements, the use of the applicants own
				  facilities, or a combination of these methods.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-69,
					 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 20:10:32:03 - Certificate of authority for local exchange service - Application requirements

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company required to apply for a
				  certificate of authority for local exchange services from the commission shall
				  submit a written application and provide the following information unless the
				  commission grants a waiver to omit a specific item of information:
(1) The applicants 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 applicant will
				provide local exchange services if different than in subdivision (1) of this
				section;
(4) 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;
(5) A copy of its certificate of authority to
				transact business in South Dakota from the secretary of state;
(6) A description of the applicant's
				experience providing any telecommunications services in South Dakota or in
				other jurisdictions, including the types of services provided, and the dates
				and nature of state or federal authorization to provide the services;
(7) Names and addresses of applicant's
				affiliates, subsidiaries, and parent organizations, if any;
(8) A list and specific description of the
				types of services the applicant seeks to offer and how the services will be
				provided including:
(a) Information indicating
				the classes of customers the applicant intends to serve;
(b) Information indicating the extent to and
				time-frame by which applicant will provide service through the use of its own
				facilities, the purchase of unbundled network elements, or resale;
(c) A description of all facilities that the
				applicant will utilize to furnish the proposed local exchange services,
				including any facilities of underlying carriers; and
(d) Information identifying the types of
				services it seeks authority to provide by reference to the general nature of
				the service;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:04 - Notice to other local exchange carriers in proposed service area - Intervener status

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall give notice of its application to each
				  telecommunications company that already holds a certificate of authority to
				  provide local exchange service in the geographic area where the applicant seeks
				  to provide local exchange service. In addition, the commission shall, upon
				  request, grant each of the already certified telecommunications companies
				  intervener status in any commission proceeding held on the application. The
				  request for intervention submitted by any such company need not meet the
				  requirements for petitions to intervene set forth in chapter
				  20:10:01.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-70,
					 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 20:10:32:05 - Opportunity for hearing - Burden of proof

Current through Register Vol. 51, page 10, July 15, 2024
The applicant and other parties to the application may
				  request a hearing on the application for a certificate of authority to provide
				  local exchange services. In the application proceeding, the telecommunications
				  company filing the application shall have the burden of proving that it has
				  sufficient technical, financial, and managerial capabilities to provide the
				  local exchange services applied for 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.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:06.01 - Performance bonds

Current through Register Vol. 51, page 10, July 15, 2024
If it is 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 only applies to customers receiving local
				  exchange 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 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 Division of Insurance
				  of the State of South Dakota authorizing the surety company to execute the
				  surety bonds.
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 20:10:32:07 - Certification subject to commission imposed terms and conditions

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements imposed by this chapter on
				  providers of local exchange services, the commission, in granting a certificate
				  of authority to provide local exchange services, may impose additional terms
				  and conditions, on a competitively neutral basis, that it finds necessary to
				  preserve and advance universal service, protect the public safety and welfare,
				  ensure the continued quality of service, and safeguard the rights of consumers.
				  The preservation and advancement of universal service shall be a primary
				  concern.
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 20:10:32:08 - Sale, assignment, lease, or transfer of certificate of authority

Current through Register Vol. 51, page 10, July 15, 2024
If requesting a sale, assignment, lease, or transfer of a
				  certificate of authority to provide local exchange services, the company shall
				  provide the information required by §
									20:10:32:03. In ruling on any
				  proposed sale, assignment, lease, or transfer of a certificate of authority to
				  provide local exchange services, the commission shall consider the criteria set
				  forth in §
									20:10:32:06.
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 20:10:32:09 - Suspension or revocation of certificate of authority

Current through Register Vol. 51, page 10, July 15, 2024
Failure of any provider of local exchange service to comply
				  with applicable requirements set forth in this chapter, other terms and
				  conditions imposed on its certification by the commission, or other applicable
				  rules or laws may result in the suspension or revocation of the providers
				  certificate of authority to provide local exchange services.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-75,
					 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 20:10:32:10 - Service obligations of all providers - Request for waiver

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company providing local exchange
				  services shall, at minimum, make the following available to each
				  customer:
(1) Access to the public
				switched network;
(2) Access to
				emergency services such as 911 or enhanced 911;
(3) Access to a local directory and directory
				assistance;
(4) Access to operator
				services;
(5) Telecommunications
				relay service capability or access necessary to comply with state and federal
				regulations;
(6) Nonpublished
				service upon written or verbal request of the customer; and
(7) Access to interexchange services.
A telecommunications company may request a waiver from the
				  commission of any of these requirements. The telecommunications company shall
				  explain, in writing, why the company is unable to comply. The commission may
				  grant the waiver if it finds:
(1) The
				requirement is not necessary based on the type of service being provided by the
				company;
(2) The waiver is not
				contrary to universal service, the public safety and welfare, and quality of
				service; and
(3) The waiver is in
				the public interest.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-75,
					 49-31-76.