20:10:32:10.  Service obligations of all providers -- Request for waiver. A telecommunications company providing local exchange services shall, at minimum, make the following available to each customer:

    (1)  Access to the public switched network;

    (2)  Access to emergency services such as 911 or enhanced 911;

    (3)  Access to a local directory and directory assistance;

    (4)  Access to operator services;

    (5)  Telecommunications relay service capability or access necessary to comply with state and federal regulations;

    (6)  Nonpublished service upon written or verbal request of the customer; and

    (7)  Access to interexchange services.

    A telecommunications company may request a waiver from the commission of any of these requirements. The telecommunications company shall explain, in writing, why the company is unable to comply. The commission may grant the waiver if it finds:

    (1)  The requirement is not necessary based on the type of service being provided by the company;

    (2)  The waiver is not contrary to universal service, the public safety and welfare, and quality of service; and

    (3)  The waiver is in the public interest.

    Source: 25 SDR 89, effective December 27, 1998; 34 SDR 67, effective September 11, 2007.

    General Authority: SDCL 49-31-76.

    Law Implemented: SDCL 49-31-3, 49-31-75, 49-31-76.

    Declaratory Ruling: The Public Utilities Commission issued a declaratory ruling (TC15-069) to clarify whether a telecommunications company must provide a paper copy of its local directory to each customer in order to satisfy the requirement that a local exchange telecommunication company provide access to a local directory.  The Commission ruled that access to a directory is not limited to printed directories, therefore, a company may provide an online directory as long as the customer is able to receive a printed directory upon request.