South Dakota Administrative Code

Rule 20:10:33:06 Minimum levels of trunking facilities provided by interexchange companies. 20:10:33:06. Minimum levels of trunking facilities provided by interexchange companies. Interexchange companies shall design, construct, and maintain sufficient trunking facilities so that…

Rule 20:10:33:07 Requirements for good engineering practices. 20:10:33:07. Requirements for good engineering practices. The telephone plant of each telecommunications company shall be designed, constructed, installed, maintained, and operated subject to the provisions of applicab…

Rule 20:10:33:08 Requirement for sufficient equipment and adequate personnel. 20:10:33:08. Requirement for sufficient equipment and adequate personnel. Each telecommunications company shall employ prudent management and engineering practices so that sufficient equipment and adequ…

Rule 20:10:33:09 Required documentation to show sufficient equipment and adequate personnel. 20:10:33:09. Required documentation to show sufficient equipment and adequate personnel. Each telecommunications company shall employ reasonable procedures for forecasting future service …

Rule 20:10:33:10 Assignment of facilities. 20:10:33:10. Assignment of facilities. Each telecommunications company shall employ adequate procedures for assignment of facilities. The assignment records shall be kept up-to-date and checked periodically to determine if adjustments ar…

Rule 20:10:33:11 Charges for construction of facilities. 20:10:33:11. Charges for construction of facilities. If required as a condition of a federal Rural Utilities Service loan, a telecommunications company shall furnish telecommunications services to a customer without payment…

Rule 20:10:33:12 Records of tests and inspections. 20:10:33:12. Records of tests and inspections. Records of various tests and inspections shall be kept on file in the office of the telecommunications company for a minimum of two years. These records shall show the plant or equip…

Rule 20:10:33:13 Provisioning of adequate and reliable facilities. 20:10:33:13. Provisioning of adequate and reliable facilities. Each local exchange company shall employ prudent management planning practices, including budgeting and prioritization of resource utilization, so tha…

Rule 20:10:33:14 Program required for testing, inspecting, and maintenance. 20:10:33:14. Program required for testing, inspecting, and maintenance. Each telecommunications company shall adopt a program of periodic tests, inspections, and preventive maintenance aimed at achieving …

Rule 20:10:33:15 Repair of plant and equipment. 20:10:33:15. Repair of plant and equipment. Each telecommunications company shall keep plant and equipment in a good state of repair consistent with safe and adequate service performance. Broken, damaged, or deteriorated parts which…

Rule 20:10:33:16 Leakage, loop resistance, and transmission tests. 20:10:33:16. Leakage, loop resistance, and transmission tests. Each telecommunications company shall conduct periodic leakage tests on all circuits by use of proper instruments to determine that sufficient insulat…

Rule 20:10:33:17 Emergency planning. 20:10:33:17. Emergency planning. Each telecommunications company shall make reasonable provisions to meet emergencies such as failures of power services, damaged facilities, sudden and prolonged increases in traffic, or from fire, storm, or ac…

Rule 20:10:33:18 Plan required to deal with loss of switch. 20:10:33:18. Plan required to deal with loss of switch. Each local exchange company shall develop a general contingency plan to prevent or minimize any service interruptions due to the catastrophic loss of a central offi…

Rule 20:10:33:19 Auxiliary and battery power requirements. 20:10:33:19. Auxiliary and battery power requirements. Each local central office, toll switching office, or tandem switching office of a local exchange company shall contain a minimum of 8 hours, plus or minus 15 percent,…

Rule 20:10:33:20 Central office alarms. 20:10:33:20. Central office alarms. Each central office shall be provided with alarms on a 24 hour, seven day a week basis to indicate improper functioning of telecommunications equipment. Each alarm shall be transmitted to an alarm center …

20:10:33:21. Prevention of access line service interruptions -- Reestablishment of service -- Priority given to customers with medical condition and certain entities. Each local exchange company shall make all reasonable efforts to prevent interruptions of access line service and…

Rule 20:10:33:22 Maintenance service interruptions -- Notification. 20:10:33:22. Maintenance service interruptions -- Notification. Local exchange service interruptions due to maintenance requirements shall be done at a time that causes minimal inconvenience to the affected custo…

Rule 20:10:33:23 Records of access line service interruptions. 20:10:33:23. Records of access line service interruptions. Each local exchange company shall keep a record of each access line service interruption or acute irregularities of access line service if reported to it or i…

Rule 20:10:33:24 Reporting of trouble reports. 20:10:33:24. Reporting of trouble reports. Each local exchange company shall be able to receive trouble reports originated by a customer seven days a week on a 24 hour basis. Source: 25 SDR 89, effective December 27, 1998. General Au…

Rule 20:10:33:25 Customer trouble reports. 20:10:33:25. Customer trouble reports. When a customer's service is found to be out of order or a customer reports trouble, the local exchange company shall promptly test its facilities to determine if the problem is with the local excha…

Rule 20:10:33:26 Record of trouble reports. 20:10:33:26. Record of trouble reports. Each local exchange company shall keep a record of trouble reports made by its customers. This record shall include appropriate identification of the customers or access line service affected, the…

20:10:33:27. Reporting requirements when 911 service is disrupted or impaired. Each local exchange company shall, immediately upon discovery of an unplanned outage on a facility that is owned, operated, leased, or utilized by the local exchange company, report to each 911 public …

Rule 20:10:33:28 Reporting of service disruption or impairment. 20:10:33:28. Reporting of service disruption or impairment. Each local exchange company shall, within one hour of discovery, report to the local area broadcast media serving the affected local serving areas and to th…

Rule 20:10:33:29 Standards applicable under normal operating conditions. 20:10:33:29. Standards applicable under normal operating conditions. The standards in this chapter establish the minimum acceptable quality of service under normal operating conditions. The standards do not …

Rule 20:10:33:30 Petition for waiver -- Granting of waiver. 20:10:33:30. Petition for waiver -- Granting of wavier. Upon petition of a telecommunications company, the commission may grant a waiver of any service standard contained in this chapter. In determining whether to grant …

Rule 20:10:33:31 Failure to pay for services other than local exchange services not grounds to terminate local exchange service. 20:10:33:31. Failure to pay for services other than local exchange services not grounds to terminate local exchange service. Notwithstanding subdivisio…

Rule 20:10:33:32 Exemption from providing local exchange service when toll services terminated. 20:10:33:32. Exemption from providing local exchange service when toll services terminated.Any local exchange company unable to provide local exchange services while terminating toll s…

Rule 20:10:34:01 Repealed. 20:10:34:01. Definitions.Repealed. Source: 25 SDR 89, effective December 27, 1998; repealed, 25 SDR 167, effective July 1, 1999.

Rule 20:10:34:02 Repealed. 20:10:34:02. Requirements for independent third-party verification.Repealed. Source: 25 SDR 89, effective December 27, 1998; repealed, 25 SDR 167, effective July 1, 1999. Rule 20:10:34:02.01 Authorization methods. 20:10:34:02.01. Authorization methods. …

Rule 20:10:34:02.01 Authorization methods. 20:10:34:02.01. Authorization methods. No telecommunications company may change a designated telecommunications company for interexchange or local exchange telecommunications services unless the change has been confirmed by written autho…

Rule 20:10:34:02.02 Exception for acquisition of subscriber base -- Notification requirements. 20:10:34:02.02. Exception for acquisition of subscriber base -- Notification requirements. A telecommunications carrier may acquire, through a sale or transfer, either part or all of an…

Rule 20:10:34:03 Letter of agency form and content. 20:10:34:03. Letter of agency form and content. A letter of agency obtained from a subscriber for a change of the subscriber's telecommunications company shall be a written document. The sole purpose of the letter of agency is t…

Rule 20:10:34:04 Exception for checks. 20:10:34:04. Exception for checks. Notwithstanding § 20:10:34:03, the letter of agency may be combined with checks that contain only the required letter of agency language prescribed in § 20:10:34:03 and the necessary information to make the…

Rule 20:10:34:04.01 Electronic authorization. 20:10:34:04.01. Electronic authorization. Each telecommunications company electing to confirm changes electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Electronic authorization to cha…

Rule 20:10:34:05 Complaints of unauthorized changing of a telecommunications company. 20:10:34:05. Complaints of unauthorized changing of a telecommunications company. Upon receipt of an oral or written complaint alleging an unauthorized change of a subscriber's telecommunication…

Rule 20:10:34:06 False, misleading, or deceptive statements prohibited. 20:10:34:06. False, misleading, or deceptive statements prohibited. When obtaining or verifying a subscriber's oral order for a change of a designated telecommunications company for interexchange or local exc…

Rule 20:10:34:07 Refund or credit of charges billed by unauthorized telecommunications company -- Payment for unauthorized change -- Opportunity for hearing. 20:10:34:07. Refund or credit of charges billed by unauthorized telecommunications company -- Payment for unauthorized cha…

Rule 20:10:34:08 Subscriber telecommunications bills -- Charges for change of telecommunications company. 20:10:34:08. Subscriber telecommunications bills -- Charges for change of telecommunications company. A bill to a subscriber reflecting any charge for changing the subscriber…

Rule 20:10:34:09 Billing requirements. 20:10:34:09. Billing requirements. A subscriber's bill shall contain a clear, concise description of services being billed. The bill shall contain the name of the telecommunications company requesting billing, and a toll-free telephone numbe…

Rule 20:10:34:10 Notification of increase in rates. 20:10:34:10. Notification of increase in rates. Prior to changing any rate, term, or condition of service, a telecommunications company shall notify the subscriber of the change, at least 30 days in advance, if it is a materiall…

Rule 20:10:34:10.01 Complaints of unauthorized billing of products or services. 20:10:34:10.01. Complaints of unauthorized billing of products or services. Upon receipt of an oral or written complaint alleging the billing of an unauthorized product or service from a subscriber, t…

Rule 20:10:34:11 Refund or credit of unauthorized charges -- Payment for unauthorized charge -- Opportunity for hearing. 20:10:34:11. Refund or credit of unauthorized charges -- Payment for unauthorized charge -- Opportunity for hearing. A telecommunications company which initiat…

Rule 20:10:35:01 Definitions. 20:10:35:01. Definitions. Words and phrases defined in SDCL chapter 49-31 have the same meaning when used in this chapter. Source: 30 SDR 25, effective August 28, 2003. General Authority: 49-31-99. Law Implemented: 49-31-1.

Rule 20:10:35:02 Establishment of the register. 20:10:35:02. Establishment of the register. The commission shall use the South Dakota residential telephone subscribers listed in the national "do-not-call" registry that is established and maintained by the Federal Trade Commission…

Rule 20:10:35:03 Procedure for enrollment on the register. 20:10:35:03. Procedure for enrollment on the register. A residential telephone subscriber may register by: (1) Calling a toll-free number established by the Federal Trade Commission for the purpose of recording a resident…

Rule 20:10:35:04 Procedure for changing telephone numbers. 20:10:35:04. Procedure for changing telephone numbers. If a residential telephone subscriber whose telephone number is part of the register changes telephone numbers, the subscriber must register the subscriber's new tele…

Rule 20:10:35:05 Fees for registration. 20:10:35:05. Fees for registration. A residential telephone subscriber is not charged a fee to be included in the register. Source: 30 SDR 25, effective August 28, 2003. General Authority: 49-31-99. Law Implemented: 49-31-99, 49-31-100.

Rule 20:10:35:06 Telephone solicitors shall obtain a copy of the register. 20:10:35:06. Telephone solicitors shall obtain a copy of the register. A telephone solicitor who intends to make unsolicited telephone calls to residential telephone subscribers in South Dakota shall obtai…

Rule 20:10:35:07 Telephone solicitors limited in use of register. 20:10:35:07. Telephone solicitors limited in use of register. Any telephone solicitor who obtains the register of South Dakota residential telephone subscribers may only use the information for the purposes express…

20:10:35:08. Telephone solicitors shall pay an annual fee. Each telephone solicitor who makes unsolicited telephone calls to South Dakota residential telephone subscribers shall pay an annual fee to the commission and provide all necessary documentation as required by the commiss…