20:10:32:43.  Eligible telecommunications carrier petitions. 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.

          Source: 25 SDR 89, effective December 27, 1998; 32 SDR 231, effective July 10, 2006.

          General Authority: SDCL 49-31-76.

          Law Implemented: SDCL 49-31-3, 49-31-76, 49-31-78.

          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 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.

          Source: 32 SDR 231, effective July 10, 2006.

          General Authority: SDCL 49-31-76, 49-31-77, 49-31-81.

          Law Implemented: SDCL 49-31-3, 49-31-78.

          20:10:32:43.02.  Submission of two-year plan. 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.

          Source: 32 SDR 231, effective July 10, 2006.

          General Authority: SDCL 49-31-76, 49-31-77, 49-31-81.

          Law Implemented: SDCL 49-31-3, 49-31-78.

          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 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.

          Source: 32 SDR 231, effective July 10, 2006.

          General Authority: SDCL 49-31-76, 49-31-77, 49-31-81.

          Law Implemented: SDCL 49-31-3, 49-31-78.

          20:10:32:43.04.  Demonstration of ability to satisfy consumer protection and service quality standards. An applicant requesting designation as an eligible telecommunications carrier shall demonstrate that it will satisfy applicable consumer protection and service quality standards.

          Source: 32 SDR 231, effective July 10, 2006.

          General Authority: SDCL 49-31-76, 49-31-77, 49-31-81.

          Law Implemented: SDCL 49-31-3, 49-31-78.

          20:10:32:43.05.  Offering of comparable local usage plan. 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.

          Source: 32 SDR 231, effective July 10, 2006.

          General Authority: SDCL 49-31-76, 49-31-77, 49-31-81.

          Law Implemented: SDCL 49-31-3, 49-31-78.

          20:10:32:43.06.  Provisioning of equal access. 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.

          Source: 32 SDR 231, effective July 10, 2006.

          General Authority: SDCL 49-31-76, 49-31-77, 49-31-81.

          Law Implemented: SDCL 49-31-3, 49-31-78.

          20:10:32:43.07.  Public interest standard. 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.

          Source: 32 SDR 231, effective July 10, 2006.

          General Authority: SDCL 49-31-76, 49-31-77, 49-31-81.

          Law Implemented: SDCL 49-31-3, 49-31-78.