reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:11 - Local calling scope for alternative providers

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company that is granted authority to
				  offer competitive local exchange services in an area where the incumbent local
				  exchange carrier provides a certain local calling area may provide no less than
				  the same local calling area to its customers. An alternative provider of local
				  exchange services may, subject to commission approval, offer a different local
				  calling area upon showing that it would not be contrary to universal service,
				  public safety and welfare, quality of service, and consumer rights
				  concerns.
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 20:10:32:12 - Annual reporting requirements

Current through Register Vol. 51, page 10, July 15, 2024
After a telecommunications company has received a certificate
				  of authority to provide local exchange services from the commission, the
				  company shall submit to the commission by June 1 of each year thereafter the
				  following information:
(1) A report of
				its annual revenues from the preceding year resulting from operations in South
				Dakota;
(2) A report identifying
				specifically the areas within its service area in the state where the company
				is operational and actually providing local exchange services. The report must
				separately identify areas being served primarily through resale and areas
				served by facilities of the companies; and
(3) The number of access lines being served,
				segregated between business and residential local exchange customers.
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 20:10:32:13 - Discontinuance of service

Current through Register Vol. 51, page 10, July 15, 2024
A provider of local exchange service may not discontinue
				  service or abandon all or a portion of its service area unless another provider
				  of local exchange services certified for that area is able to provide basic
				  local service to the abandoning providers customers immediately upon the date
				  such provider discontinues service. No later than 60 days prior to
				  discontinuing its service or abandoning all or a portion of its service area,
				  the provider proposing such action shall file a notice with the commission
				  containing the following information:
(1) The reasons for the proposed
				discontinuance of service or abandonment of service area;
(2) The number of customers affected and
				written verification that all affected customers have been given at least 30
				days notice of the proposed discontinuance or abandonment;
(3) The arrangements made for another local
				service provider to serve the affected customers;
(4) Where applicable, a plan for the refund
				of any deposits collected from affected customers; and
(5) The arrangements made for satisfying
				outstanding debt to local exchange carriers or other carriers prior to or after
				the proposed discontinuance or abandonment.
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 20:10:32:14 - Area under threat of discontinuance of service

Current through Register Vol. 51, page 10, July 15, 2024
In the event the commission determines that a given area of
				  the state is likely to lose local exchange service, the commission shall
				  conduct a hearing to determine what further steps should be taken to insure
				  continuance of local exchange service to the affected area.
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 20:10:32:15 - Rural service area - Additional service obligations

Current through Register Vol. 51, page 10, July 15, 2024
If a telecommunications company is seeking authority to
				  provide local exchange service in the service area of a rural telephone
				  company, the company shall satisfy the service requirements imposed on eligible
				  telecommunications carriers pursuant to
				  47 U.S.C. §
										214(e)(1) (September 10,
				  1998) and applicable federal regulations. After notice and opportunity for
				  hearing, these service requirements shall be imposed on the alternative local
				  service provider throughout a geographic area as determined by the commission,
				  unless a waiver is granted pursuant to §
									20:10:32:18. The local service
				  provider seeking authority in the rural service area shall be required to meet
				  the eligible telecommunications carrier service requirements within 24 months
				  after the later of:
(1) The date of
				the commission's order granting the provider a certificate of authority to
				provide local exchange services; or
(2) The date of the commission order
				approving any agreements for resale, interconnection, or network elements that
				are necessary for the provider to provide its local exchange services. The 24
				month time requirement may be extended by the commission if good cause is
				shown.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-73,
					 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 20:10:32:16 - Good faith offering requirement

Current through Register Vol. 51, page 10, July 15, 2024
Any service required to be provided by the alternative
				  provider of local exchange services pursuant to §
									20:10:32:15 shall be provided at
				  prices and on terms which reflect a good faith offering of the services
				  throughout the rural telephone companys service area, or a different geographic
				  area as determined by the commission. This includes an obligation to advertise
				  the availability of local exchange services and prices to potential customers
				  throughout the relevant area using media of general distribution in accord with
				  any specific advertising requirements imposed by the commission. In addition,
				  the alternative provider shall provide the required services in a manner that
				  ensures continued reliable access to quality local exchange
				  services.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-73,
					 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 20:10:32:17 - Report of progress toward meeting service obligations

Current through Register Vol. 51, page 10, July 15, 2024
Any local service provider required to meet eligible
				  telecommunications service requirements pursuant to §
									20:10:32:15 shall, six months
				  prior to the deadline identified in that section, report to the commission
				  regarding the extent to which it is offering its local exchange services in the
				  relevant rural telephone company areas. The report shall include the
				  following:
(1) Information indicating
				which portions of the relevant rural telephone company areas, if any, remain
				non-operational and delineate the local service providers current plans for
				meeting the eligible telecommunications carrier service requirements throughout
				such areas;
(2) Information
				describing how the local service provider has advertised the availability of
				the services it is required to offer; and
(3) The current prices, terms, and conditions
				under which the local service provider is offering the required services, if
				different from the prices, terms and conditions provided along with its
				application for a certificate of authority to provide local exchange
				services.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-73,
					 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 20:10:32:18 - Waiver of eligible telecommunications carrier service requirements

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company seeking authority to provide
				  local exchange services in the service area of a rural telephone company may
				  petition the commission for a waiver from having to satisfy the eligible
				  telecommunications service requirements as set forth in
				  47 U.S.C. §
										214(e)(1) (September 10,
				  1998) and applicable federal regulations. The commission may grant the waiver
				  if, after notice and opportunity for hearing, it is determined by the
				  commission that granting the waiver does not adversely impact universal
				  service, that quality of service shall continue, and that it is in the public
				  interest. The telecommunications company requesting the waiver shall have the
				  burden to prove by a preponderance of the evidence that granting the waiver is
				  consistent with these standards.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-73,
					 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 20:10:32:19 - Failure to meet service obligations - Grounds for revocation of certificate

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall institute an inquiry into the failure of
				  an alternative local service provider to meet eligible telecommunications
				  carrier service requirements imposed pursuant to §
									20:10:32:15. Unless the local
				  service provider demonstrates to the satisfaction of the commission that its
				  failure to make the required services available throughout the relevant area
				  within the required time is the result of factors beyond the providers control,
				  the commission may revoke or suspend the providers certificate of authority to
				  provide local exchange services in the rural telephone company service
				  area.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-73,
					 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 20:10:32:20 - Request for negotiations

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company requesting negotiations with an
				  incumbent local exchange carrier pursuant to SDCL
				  49-31-81 shall notify the
				  commission in writing of the request. The notice must identify the incumbent
				  local exchange carrier and the date of the request.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:21 - Submission of negotiated agreement for approval

Current through Register Vol. 51, page 10, July 15, 2024
An agreement for interconnection, network elements, and other
				  telecommunications services negotiated pursuant to SDCL
				  49-31-81 must be submitted to the
				  commission for approval. Each party to the negotiated agreement shall submit a
				  complete copy of the agreement, including any attachments. Each party shall
				  also submit a summarization of the main provisions of the agreement, including
				  a statement of why the agreement does not discriminate against any non-party
				  carrier and is consistent with the public interest, convenience, and
				  necessity.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:22 - Submission of written comments on negotiated agreement - Submission of response

Current through Register Vol. 51, page 10, July 15, 2024
Any person may comment on a negotiated agreement submitted to
				  the commission for approval by filing written comments with the commission and
				  each party to the agreement no later than 20 days after the agreement is
				  submitted to the commission. Any party to the agreement may file written
				  responses to the comments within 20 days of service of the
				  comments.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:23 - Commission decision on negotiated agreement

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall enter an order approving or rejecting
				  the negotiated agreement within 90 days from the date the commission received
				  the agreement.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:24 - Request for mediation

Current through Register Vol. 51, page 10, July 15, 2024
A party may request mediation by the commission at any point
				  during negotiations held pursuant to SDCL
				  49-31-81. Any party to the
				  negotiation may file a joint request for mediation. A mediation request shall
				  be in writing and shall include the following information:
(1) The identity of each party to the
				negotiation, including the name, address, and telephone and facsimile numbers
				of each party or the party's representative;
(2) The date on which the request for
				negotiation was made;
(3) A list of
				the issues to be mediated; and
(4)
				A proposed time schedule for the mediation, including a date by which the
				mediation must be terminated if an agreement is not reached.
The party requesting mediation shall serve the request on
				  each party to the negotiation.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:25 - Response to request for mediation

Current through Register Vol. 51, page 10, July 15, 2024
Any negotiating party that did not file a mediation request
				  shall file with the commission a written response to the mediation request
				  within ten days after being served the request. The response shall be served on
				  each party to the negotiation. The response shall indicate whether the party is
				  willing to participate in mediation.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:26 - Mediation conducted by commission staff

Current through Register Vol. 51, page 10, July 15, 2024
If a party requests mediation, the commission staff members
				  shall conduct the mediation. Any commission staff member acting as a mediator
				  may not participate in any subsequent arbitration or approval process for the
				  same agreement unless each party to the negotiations
				  consents.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:27 - Statement of issues

Current through Register Vol. 51, page 10, July 15, 2024
Within five business days after commission staff members are
				  appointed as mediators, the parties shall provide to the mediators a statement
				  of each party's position and relevant background information, including a list
				  of all issues raised in the negotiations for which mediation is sought and a
				  list of all issues the parties have resolved through
				  negotiation.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:28 - Confidentiality of mediation - Settlement proposals

Current through Register Vol. 51, page 10, July 15, 2024
Each commission staff mediator shall keep confidential all
				  information and records obtained in conducting the mediation. Only the parties
				  to the negotiation may attend the mediation session unless each party consents
				  to the presence of others. A commission staff mediator may not impose a
				  settlement, but may offer proposals for settlement. After the mediation, each
				  commission staff mediator and party shall return any information exchanged
				  during the mediation to the owner of the information.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:29 - Petition for arbitration

Current through Register Vol. 51, page 10, July 15, 2024
Any party to negotiations requested pursuant to SDCL
				  49-31-81 may petition the
				  commission to arbitrate any unresolved issues. The petition for arbitration
				  must include the following:
(1) The
				identity of each party to the negotiation, including the name, address, and
				telephone and facsimile numbers of each party or the party's
				representative;
(2) The date of the
				initial request for negotiation;
(3) A detailed list of all the unresolved
				issues the party or parties want the commission to arbitrate and the position
				of each party on those issues;
(4)
				A list of the issues resolved by the parties or a copy of any proposed contract
				language that reflects the resolution of those issues;
(5) A list of the unresolved issues, if any,
				that are not being submitted for arbitration;
(6) Any proposed contract language reflecting
				each party's position;
(7) All
				documentation in the petitioner's possession or control that is relevant to the
				dispute;
(8) A request for a
				protective order, if needed; and
(9) A proposed procedural schedule.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:30 - Response to petition for arbitration

Current through Register Vol. 51, page 10, July 15, 2024
A non-petitioning party may respond to the petition for
				  arbitration and provide additional information within 25 days after the
				  commission receives the petition.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:31 - Arbitration conducted as a contested case - Prehearing conference

Current through Register Vol. 51, page 10, July 15, 2024
A petition for arbitration shall be conducted as a contested
				  case. Within 30 days of receiving a petition for arbitration, the commission
				  may hold a prehearing conference.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:31.01 - Participation by non-parties

Current through Register Vol. 51, page 10, July 15, 2024
An interested person who is not a party to the proceeding may
				  attend the hearing as an observer, file written comments, and request the
				  opportunity for oral argument to the commission.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:32 - Commission decision on petition for arbitration

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall issue a written decision that resolves
				  each issue set forth in the petition for arbitration no later than nine months
				  after the date on which the incumbent local exchange carrier received the
				  request for negotiations.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:33 - Commission approval of arbitrated agreement

Current through Register Vol. 51, page 10, July 15, 2024
An arbitrated agreement shall be submitted to the commission
				  for approval within 60 days after the issuance of the commission's decision on
				  the petition for arbitration, unless the commission otherwise orders or good
				  cause is shown to extend the 60 day time period. The request for approval of an
				  arbitrated agreement must set forth each party's position as to whether the
				  agreement should be adopted or modified and contain a separate explanation by
				  each party of whether the agreement meets each of the specific requirements of
				  47 U.S.C. §§
										251 and
				  252 (September 10,
				  1998).
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:34 - Submission of written comments on arbitration agreement - Submission of response

Current through Register Vol. 51, page 10, July 15, 2024
Any person may comment on the parties' request for approval
				  of an arbitrated agreement by filing written comments with the commission and
				  the parties to the agreement no later than five business days after the
				  agreement is submitted to the commission. Each party to the agreement may file
				  a written response to the comments within five business days of service of the
				  comments.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,p
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:35 - Commission decision on arbitrated agreement

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall enter an order approving or rejecting
				  the arbitrated agreement within 30 days after submission of the agreement by
				  each party.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:36 - Commission decision on agreement containing both arbitrated and negotiated provisions - Submission of separate agreements

Current through Register Vol. 51, page 10, July 15, 2024
An agreement containing both arbitrated and negotiated
				  provisions must clearly identify which sections were negotiated and which were
				  arbitrated. An agreement containing both arbitrated and negotiated provisions
				  shall be treated as arbitrated agreements with respect to the comment timelines
				  and the 30 day approval deadline. Except for the timelines, the negotiated
				  sections shall comply with the provisions relating to the approval of
				  negotiated agreements. The arbitrated sections shall comply with the provisions
				  relating to the approval of arbitrated agreements, including the timelines. In
				  the alternative, the parties may submit negotiated and arbitrated agreements
				  separately for approval.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-81.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:38 - Notice to commission of request

Current through Register Vol. 51, page 10, July 15, 2024
Upon making a request to a rural telephone company for
				  interconnection, services, or network elements that are subject to the
				  exemption established by 47
				  U.S.C. §
										251(f)(1)
				  (September 10, 1998), the person or entity making the request shall provide the
				  commission notice of the request. Within ten days of receiving the request, the
				  rural telephone company shall inform the requesting party and the commission if
				  the rural telephone company is disputing whether the request is a bona fide
				  request. If the rural telephone company disputes that the request is bona fide,
				  the commission shall determine if the request is a bona fide request. If the
				  rural telephone company does not dispute that the request is a bona fide
				  request, the commission shall initiate a proceeding to determine if the rural
				  telephone company shall comply with the request unless the rural telephone
				  company receiving the request waives its exemption.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-79.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:39 - Petition for suspension or modification of interconnection requirements

Current through Register Vol. 51, page 10, July 15, 2024
A petition for suspension or modification of the requirements
				  set forth in 47 U.S.C.
				  §§
										251(b) and
				  251(c) (September
				  10, 1998) shall include:
(1) The name,
				address, and telephone number of the local exchange carrier and its designated
				contact person;
(2) The number of
				subscriber lines the local exchange carrier has nationwide, at the holding
				company level;
(3) A description of
				the obligations the local exchange carrier seeks to suspend or modify,
				including specific references to the relevant provisions found in
				47 U.S.C. §§
										251(b) or
				251(c) (September
				10, 1998);
(4) A detailed
				description of the suspension or modification the local exchange carrier is
				seeking, including the proposed duration of each suspension or
				modification;
(5) The proposed
				effective date of each suspension or modification sought by the local exchange
				carrier;
(6) A statement supporting
				the petition indicating why the requested suspension or modification meets the
				standards for granting a suspension or modification as set forth in SDCL
				49-31-80; and
(7) A statement as to whether the local
				exchange carrier requests the commission to grant a temporary stay, as provided
				for in SDCL
				49-31-80, of the obligations the
				carrier seeks to suspend or modify.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-80.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:40 - Copy of petition to affected local service providers

Current through Register Vol. 51, page 10, July 15, 2024
A copy of the petition for suspension or modification of
				  interconnection requirements shall be served upon each local service provider
				  to which the requested suspension or modification may likely
				  apply.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-80.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:41 - Timeline for reviewing petition

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall take final action on any petition for
				  suspension or modification made pursuant to
				  47 U.S.C. §
										251(f)(2) (September 10,
				  1998) within 180 days after the petition is filed.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-80.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:42 - Designation of eligible telecommunications carriers

Current through Register Vol. 51, page 10, July 15, 2024
The commission on its own motion or upon request shall
				  designate a telecommunications company which meets the requirements of
				  47 C.F.R §
										54.201 (January 1, 2006) to serve as an
				  eligible telecommunications carrier within each service area of the state. Upon
				  request and consistent with the public interest, convenience, and necessity,
				  the commission may, in an area served by a rural telephone company, and shall,
				  in all other areas, designate more than one telecommunications company as an
				  eligible telecommunications carrier for a service area designated by the
				  commission, so long as each additional requesting carrier meets the
				  requirements of 47 C.F.R.
				  §
										54.201 (January 1, 2006). The
				  commission may not, in an area served by a rural telephone company, designate
				  more than one eligible telecommunications carrier absent a finding that the
				  additional designation is in the public interest. In reviewing any proposed
				  additional eligible telecommunications carrier designation within an area
				  served by a rural telephone company, the commission may not find it to be in
				  the public interest if the telecommunications company requesting such
				  designation is not offering its services coextensive with the rural telephone
				  companys service area.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:43 - Eligible telecommunications carrier petitions

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company that desires designation as an
				  eligible telecommunications carrier shall file a petition for such designation
				  with the commission. The petition for designation shall include the following
				  information:
(1) The name, address,
				and telephone number of the applicant and its designated contact
				person;
(2) The proposed effective
				date of designation of eligible telecommunications carrier status;
(3) Identification of the service area,
				including a detailed map, for which the designation is sought;
(4) A statement supporting the petition which
				specifies why the requested designation satisfies the requirements for eligible
				telecommunications designation and receiving federal universal service support
				under 47 C.F.R §
										54.201 (January 1, 2006);
(5) If the applicant is seeking additional
				time to complete network upgrades pursuant to C.F.R. § 54.101(c) (January
				1, 2006), the applicant shall list the reasons why additional time is needed
				and the estimated length of time to complete the network upgrades;
				and
(6) A statement specifying why
				the applicant's proposed designation is in the public interest.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:43.01 - Demonstration of commitment to provide service

Current through Register Vol. 51, page 10, July 15, 2024
An applicant requesting designation as an eligible
				  telecommunications carrier shall commit to providing service throughout its
				  proposed designated service area to all customers making a reasonable request
				  for service. Each applicant shall certify that it will:
(1) Provide service on a timely basis to
				requesting customers within the applicant's proposed designated service area
				where the applicant's network already passes the potential customer's premises;
				and
(2) If the potential customer
				is within the applicant's proposed designated service area but outside its
				existing network coverage, provide service within a reasonable period of time,
				if the service does not impose excessive or unreasonable cost, by:
(a) Modifying or replacing the requesting
				customer's equipment;
(b) Extending
				facilities, such as constructing or extending an access line, deploying a
				roof-mounted antenna, or installing other equipment;
(c) Adjusting the nearest cell
				tower;
(d) Adjusting network or
				customer facilities;
(e) Reselling
				services from another carrier's facilities to provide service; or
(f) Employing, leasing, or constructing
				additional network facilities such as an access line, a cell site, cell
				extender, repeater, or other similar equipment.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:43.02 - Submission of two-year plan

Current through Register Vol. 51, page 10, July 15, 2024
An applicant requesting designation as an eligible
				  telecommunications carrier shall submit a two-year plan that describes with
				  specificity proposed improvements or upgrades to the applicant's network on a
				  wire center-by-wire center basis throughout its proposed designated service
				  area. Each applicant shall demonstrate the following on a wire center-by-wire
				  center basis:
(1) How service quality,
				signal quality, coverage, or capacity will improve due to the receipt of
				high-cost support;
(2) The
				projected start date and completion date for each improvement and the estimated
				amount of investment for each project that is funded by high-cost
				support;
(3) The specific
				geographic areas where the improvements will be made; and
(4) The estimated population that will be
				served as a result of the improvements. If an applicant believes that service
				improvements in a particular wire center are not needed, the applicant must
				explain its basis for this determination and demonstrate how funding will
				otherwise be used to further the provision of supported services in that
				area.
General Authority:
SDCL
					 49-31-76,
					 49-31-77,
					 49-31-81.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:43.03 - Demonstration of ability to remain functional in emergency situations

Current through Register Vol. 51, page 10, July 15, 2024
An applicant requesting designation as an eligible
				  telecommunications carrier shall demonstrate its ability to remain functional
				  in emergency situations, including a demonstration that it has a reasonable
				  amount of back-up power to ensure functionality without an external power
				  source, is able to reroute traffic around damaged transport facilities, and is
				  capable of managing traffic spikes resulting from emergency
				  situations.
General Authority:
SDCL
					 49-31-76,
					 49-31-77,
					 49-31-81.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:43.04 - Demonstration of ability to satisfy consumer protection and service quality standards

Current through Register Vol. 51, page 10, July 15, 2024
An applicant requesting designation as an eligible
				  telecommunications carrier shall demonstrate that it will satisfy applicable
				  consumer protection and service quality standards.
General Authority:
SDCL
					 49-31-76,
					 49-31-77,
					 49-31-81.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:43.05 - Offering of comparable local usage plan

Current through Register Vol. 51, page 10, July 15, 2024
An applicant requesting designation as an eligible
				  telecommunications carrier shall demonstrate that it offers a local usage plan
				  comparable to the one offered by the incumbent local exchange carrier in the
				  service areas for which the applicant seeks designation.
General Authority:
SDCL
					 49-31-76,
					 49-31-77,
					 49-31-81.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:43.06 - Provisioning of equal access

Current through Register Vol. 51, page 10, July 15, 2024
An applicant requesting designation as an eligible
				  telecommunications carrier shall certify that it will be able to provide equal
				  access to long distance carriers if no other eligible telecommunications
				  carrier is providing equal access within the service area.
General Authority:
SDCL
					 49-31-76,
					 49-31-77,
					 49-31-81.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:43.07 - Public interest standard

Current through Register Vol. 51, page 10, July 15, 2024
Prior to designating an eligible telecommunications carrier,
				  the commission shall determine that such designation is in the public interest.
				  The commission shall consider the benefits of increased consumer choice, the
				  impact of multiple designations on the universal service fund, the unique
				  advantages and disadvantages of the applicant's service offering, commitments
				  made regarding the quality of the telephone service provided by the applicant,
				  and the applicant's ability to provide the supported services throughout the
				  designated service area within a reasonable time frame. In addition, the
				  commission shall consider whether the designation of the applicant will have
				  detrimental effects on the provisioning of universal service by the incumbent
				  local exchange carrier. If an applicant seeks designation below the study area
				  level of a rural telephone company, the commission shall also conduct a
				  creamskimming analysis that compares the population density of each wire center
				  in which the applicant seeks designation against that of the wire centers in
				  the study area in which the applicant does not seek designation. In its
				  creamskimming analysis, the commission shall consider other factors, such as
				  disaggregation of support pursuant to
				  47 C.F.R. §
										54.315 (January 1, 2006) by the incumbent
				  local exchange carrier.
General Authority:
SDCL
					 49-31-76,
					 49-31-77,
					 49-31-81.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:44 - Existing eligible telecommunications carrier designations not affected

Current through Register Vol. 51, page 10, July 15, 2024
Eligible telecommunications carrier designations granted by
				  the commission shall remain in effect unless later changed by the commission
				  after notice and opportunity for a hearing.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:45 - Determining the applicable service area

Current through Register Vol. 51, page 10, July 15, 2024
The commission decision on a request for designation as an
				  eligible telecommunications carrier must include a determination of the
				  applicable service area. In the case of a service area served by a rural
				  telephone company, "service area" means the companys "study area" unless and
				  until the commission and the Federal Communications Commission establish a
				  different definition of service area for the company. If the commission
				  proposes to define the service area served by a rural telephone company to be
				  other than the companys study area, the commission shall, consistent with
				  47 C.F.R. §
										54.207 (January 1, 2006), petition the
				  Federal Communications Commission for its approval prior to making any such
				  change.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:46 - Copy of petition to other eligible telecommunications carriers

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company filing a petition for
				  designation as an eligible telecommunications carrier shall, at the time of
				  filing its petition with the commission, provide a copy of the petition to any
				  other telecommunications company that is serving as an eligible
				  telecommunications carrier within the relevant service area.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:47 - Designation of eligible telecommunications carrier for unserved areas

Current through Register Vol. 51, page 10, July 15, 2024
If no telecommunications company will provide the services
				  that are supported by universal service to an unserved community or any portion
				  thereof that requests such service, the commission may determine which
				  telecommunications company is best able to provide the service to the
				  requesting unserved community or portion thereof and order the
				  telecommunications company to provide service to the unserved community or
				  portion thereof. Any telecommunications company ordered to provide service
				  under this section shall meet the requirements of
				  47 C.F.R. §
										54.201 (January 1, 2006) and shall be
				  designated an eligible telecommunications carrier for that community or portion
				  thereof.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:48 - Relinquishment of eligible telecommunications carrier status

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company may relinquish its eligible
				  telecommunications carrier designation and accompanying universal service
				  obligations as provided for below:
(1)
				A telecommunications company seeking to relinquish its eligible
				telecommunications carrier designation shall file a petition with the
				commission specifying the service area for which it seeks to relinquish its
				designation and the identity of any other eligible telecommunications carrier
				serving the service area. At the time of filing, a copy of the petition shall
				also be provided to each local service provider serving the area for which the
				petitioner seeks to relinquish its eligible telecommunications carrier
				designation;
(2) The commission may
				permit a telecommunications company to relinquish its eligible
				telecommunications carrier designation if at least one other eligible
				telecommunications carrier serves the area for which the relinquishment is
				sought;
(3) The petitioning
				telecommunications company shall continue to meet its eligible
				telecommunications carrier obligations for the entire area for which it seeks
				to relinquish those obligations until the date specified in the commissions
				order approving the relinquishment; and
(4) Prior to permitting a telecommunications
				company designated as an eligible telecommunications carrier to cease providing
				universal service in an area served by more than one eligible
				telecommunications carrier, the commission shall ensure that each customer
				served by the relinquishing carrier continues to be served, and shall require
				sufficient notice to permit the purchase or construction of adequate facilities
				by any remaining eligible telecommunications carrier. The commission shall
				establish a time, not to exceed one year after the commission approves such
				relinquishment, within which such purchase or construction shall be
				completed.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-78.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:32 - Local exchange service competition › Section 20:10:32:49 - Revocation of eligible telecommunications carrier status

Current through Register Vol. 51, page 10, July 15, 2024
If the commission finds, after notice and opportunity for
				  hearing, that any telecommunications company designated as an eligible
				  telecommunications carrier does not qualify as an eligible telecommunications
				  carrier under 47 C.F.R.
				  §
										54.201 (January 1, 2006) and is not
				  entitled to federal universal service support, the commission shall revoke the
				  telecommunications company's eligible telecommunications carrier
				  designation.
General Authority:
SDCL
					 49-31-76.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-76,
					 49-31-78.