South Dakota Administrative Code

Rule 20:10:32:20 Request for negotiations. 20:10:32:20. Request for negotiations. 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 identif…

20:10:32:21. Submission of negotiated agreement for approval. 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. The parties to the negotiated agreement s…

Rule 20:10:32:22 Submission of written comments on negotiated agreement -- Submission of response. 20:10:32:22. Submission of written comments on negotiated agreement -- Submission of response. Any person may comment on a negotiated agreement submitted to the commission for appro…

Rule 20:10:32:23 Commission decision on negotiated agreement. 20:10:32:23. Commission decision on negotiated agreement. The commission shall enter an order approving or rejecting the negotiated agreement within 90 days from the date the commission received the agreement. Source: …

Rule 20:10:32:24 Request for mediation. 20:10:32:24. Request for mediation. 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 sh…

Rule 20:10:32:25 Response to request for mediation. 20:10:32:25. Response to request for mediation. 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 reques…

Rule 20:10:32:26 Mediation conducted by commission staff. 20:10:32:26. Mediation conducted by commission staff. 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 sub…

Rule 20:10:32:27 Statement of issues. 20:10:32:27. Statement of issues. 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, includ…

Rule 20:10:32:28 Confidentiality of mediation -- Settlement proposals. 20:10:32:28. Confidentiality of mediation -- Settlement proposals. Each commission staff mediator shall keep confidential all information and records obtained in conducting the mediation. Only the parties to t…

Rule 20:10:32:29 Petition for arbitration. 20:10:32:29. Petition for arbitration. 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 identit…

Rule 20:10:32:30 Response to petition for arbitration. 20:10:32:30. Response to petition for arbitration. A non-petitioning party may respond to the petition for arbitration and provide additional information within 25 days after the commission receives the petition. Source: 25 S…

Rule 20:10:32:31 Arbitration conducted as a contested case -- Prehearing conference. 20:10:32:31. Arbitration conducted as a contested case -- Prehearing conference. A petition for arbitration shall be conducted as a contested case. Within 30 days of receiving a petition for arbi…

Rule 20:10:32:31.01 Participation by non-parties. 20:10:32:31.01. Participation by non-parties. 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.…

Rule 20:10:32:32 Commission decision on petition for arbitration. 20:10:32:32. Commission decision on petition for arbitration. 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 dat…

Rule 20:10:32:33 Commission approval of arbitrated agreement. 20:10:32:33. Commission approval of arbitrated agreement. 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 arb…

Rule 20:10:32:34 Submission of written comments on arbitration agreement -- Submission of response. 20:10:32:34. Submission of written comments on arbitration agreement -- Submission of response. Any person may comment on the parties' request for approval of an arbitrated agreeme…

Rule 20:10:32:35 Commission decision on arbitrated agreement. 20:10:32:35. Commission decision on arbitrated agreement. The commission shall enter an order approving or rejecting the arbitrated agreement within 30 days after submission of the agreement by each party. Source: 25 S…

Rule 20:10:32:36 Commission decision on agreement containing both arbitrated and negotiated provisions -- Submission of separate agreements. 20:10:32:36. Commission decision on agreement containing both arbitrated and negotiated provisions -- Submission of separate agreements. An…

Rule 20:10:32:37 Rural exemption from negotiation and interconnection requirements. 20:10:32:37. Rural exemption from negotiation and interconnection requirements. Pursuant to 47 U.S.C. § 251(f)(1) (September 10, 1998), the obligations of an incumbent local exchange carrier, whic…

Rule 20:10:32:38 Notice to commission of request. 20:10:32:38. Notice to commission of request. 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 …

Rule 20:10:32:39 Petition for suspension or modification of interconnection requirements. 20:10:32:39. Petition for suspension or modification of interconnection requirements. A petition for suspension or modification of the requirements set forth in 47 U.S.C. §§ 251(b) and 251(c…

Rule 20:10:32:40 Copy of petition to affected local service providers. 20:10:32:40. Copy of petition to affected local service providers. A copy of the petition for suspension or modification of interconnection requirements shall be served upon each local service provider to whic…

Rule 20:10:32:41 Timeline for reviewing petition. 20:10:32:41. Timeline for reviewing petition. 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 …

20:10:32:42. Designation of eligible telecommunications carriers. The commission, on its own motion or upon request, shall designate a telecommunications company that meets the requirements of 47 C.F.R § 54.201 (January 1, 2006) to serve as an eligible telecommunications carrier …

20:10:32:43. Eligible telecommunications carrier petitions. A telecommunications company that desires designation as an eligible telecommunications carrier shall file a petition for the designation with the commission. The petition for designation must contain the following infor…

Rule 20:10:32:43.01 Demonstration of commitment to provide service. 20:10:32:43.01. Demonstration of commitment to provide service. An applicant requesting designation as an eligible telecommunications carrier shall commit to providing service throughout its proposed designated s…

20:10:32:43.02. Submission of two-year plan. An applicant requesting designation as an eligible telecommunications carrier and not a wireless lifeline-only designation, shall submit a two-year plan that details proposed improvements or upgrades to the applicant's network on a wir…

Rule 20:10:32:43.03 Demonstration of ability to remain functional in emergency situations. 20:10:32:43.03. Demonstration of ability to remain functional in emergency situations. An applicant requesting designation as an eligible telecommunications carrier shall demonstrate its ab…

Rule 20:10:32:43.04 Demonstration of ability to satisfy consumer protection and service quality standards. 20:10:32:43.04. Demonstration of ability to satisfy consumer protection and service quality standards. An applicant requesting designation as an eligible telecommunications …

20:10:32:43.05. Offering of comparable local usage plan. Repealed. Source: 32 SDR 231, effective July 10, 2006; 52 SDR 32, effective September 29, 2025.

20:10:32:43.06. Provisioning of equal access. Repealed. Source: 32 SDR 231, effective July 10, 2006; 52 SDR 32, effective September 29, 2025.

20:10:32:43.07. Public interest standard. Prior to designating an eligible telecommunications carrier, the commission shall determine that the designation is in the public interest, based upon the following considerations: (1) The benefits of increased consumer choice; (2) The im…

Rule 20:10:32:44 Existing eligible telecommunications carrier designations not affected. 20:10:32:44. Existing eligible telecommunications carrier designations not affected. Eligible telecommunications carrier designations granted by the commission shall remain in effect unless l…

Rule 20:10:32:45 Determining the applicable service area. 20:10:32:45. Determining the applicable service area. 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 …

Rule 20:10:32:46 Copy of petition to other eligible telecommunications carriers. 20:10:32:46. Copy of petition to other eligible telecommunications carriers. A telecommunications company filing a petition for designation as an eligible telecommunications carrier shall, at the tim…

Rule 20:10:32:47 Designation of eligible telecommunications carrier for unserved areas. 20:10:32:47. Designation of eligible telecommunications carrier for unserved areas. If no telecommunications company will provide the services that are supported by universal service to an uns…

Rule 20:10:32:48 Relinquishment of eligible telecommunications carrier status. 20:10:32:48. Relinquishment of eligible telecommunications carrier status. A telecommunications company may relinquish its eligible telecommunications carrier designation and accompanying universal ser…

Rule 20:10:32:49 Revocation of eligible telecommunications carrier status. 20:10:32:49. Revocation of eligible telecommunications carrier status. If the commission finds, after notice and opportunity for hearing, that any telecommunications company designated as an eligible telec…

Rule 20:10:32:50 Monitoring of competitive local exchange services. 20:10:32:50. Monitoring of competitive local exchange services. The commission shall monitor the effectiveness of the regulatory requirements prescribed in this chapter to ensure that local service competition oc…

Rule 20:10:32:51 Use of universal service support. 20:10:32:51. Use of universal service support. An eligible telecommunications carrier that receives federal universal service support shall use that support only for the provision, maintenance, and upgrading of facilities and ser…

20:10:32:52. Annual certification requirements for designated eligible telecommunications carriers. Consistent with 47 C.F.R. §§ 54.313 and 54.314 (January 1, 2006), an eligible telecommunications carrier shall request the commission to file an annual certification with the Unive…

20:10:32:53. Requirements for previously designated eligible telecommunications carriers and pending applications. Repealed. Source: 32 SDR 231, effective July 10, 2006; 52 SDR 32, effective September 29, 2025.

20:10:32:54. Certification requirements. In its annual certification filing, each eligible telecommunications carrier shall provide the following information, on a calendar year basis, to the commission: (1) A two-year service quality improvement plan as described in § 20:10:32:4…

20:10:32:55. Lifeline and link-up advertising requirements -- Annual report on outreach efforts. An eligible telecommunications carrier shall annually provide written notification of the availability of the federal lifeline and link-up assistance programs to each of its existing …

Rule 20:10:32:56 Petition for waiver -- Granting of waiver. 20:10:32:56. Petition for waiver -- Granting of waiver. Upon petition of a telecommunications company, the commission may grant a waiver, after notice and opportunity for hearing, of any certification requirement contain…

Rule 20:10:33:01 Definitions. 20:10:33:01. Definitions. Terms defined in SDCL 49-31-1 have the same meaning in this chapter. In addition, terms used in this chapter mean: (1) "Busy hour," the hour of the day when the number of calls carried on the telecommunications company's net…

Rule 20:10:33:02 Level of service provided by local exchange companies. 20:10:33:02. Level of service provided by local exchange companies. A local exchange company shall furnish and maintain adequate and reliable plant, equipment, and facilities to provide satisfactory transmiss…