20:10:32:48. Relinquishment of eligible telecommunications
carrier status. 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 commission’s 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.
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.
