20:10:32:06.  Rejection of incomplete application -- Decision criteria for granting a certificate of authority. A certificate of authority to provide local exchange service may not be granted unless the applicant establishes sufficient technical, financial, and managerial ability to provide the local exchange services described in its application consistent with the requirements of this chapter and other applicable laws, rules, and commission orders. If an application is incomplete, inaccurate, false, or misleading, the commission shall reject the application. In determining if an applicant has sufficient technical, financial, and managerial capabilities and whether to grant a certificate of authority for local exchange services the commission shall consider:

 

          (1)  If the applicant has an actual intent to provide local exchange services in South Dakota;

 

          (2)  Prior experience of the applicant or the applicant’s principals or employees in providing telecommunications services or related services in South Dakota or other jurisdictions, including the extent to which that experience relates to and is comparable to service plans outlined in the filed application;

 

          (3)  The applicant’s personnel, staffing, equipment, and procedures, including the extent to which these are adequate to ensure compliance with the commission’s rules and orders relating to service obligations, service quality, customer service, and other relevant areas;

 

          (4)  The nature and location of any proposed or existing facilities which the applicant intends to use in providing local exchange services;

 

          (5)  If the applicant intends to resell local exchange services or enter into facility arrangements with other telecommunications carriers, when the necessary arrangements will be in place;

 

          (6)  The applicant’s marketing plans and its plan and resources for receiving and responding to customer inquiries and complaints;

 

          (7)  If the applicant has sufficient financial resources to support the provisioning of local exchange service in a manner that ensures the continued quality of telecommunications services and safeguards consumer and public interests;

 

          (8)  If the applicant, in providing its local exchange services, will be able to provide all customers with access to interexchange services, operator services, directory assistance, directory listings, and emergency services such as 911 and enhanced 911;

 

          (9)  If the applicant is seeking authority to provide local exchange services in the service area of a rural telephone company, if the applicant’s plans for meeting the additional service obligations imposed in rural telephone company service areas pursuant to § 20:10:32:15 are adequate and demonstrate that the applicant will in fact meet such obligations;

 

          (10)  The extent to which the applicant, applicant’s affiliates, or applicant’s principals have been subject to any civil, criminal, or administrative action in connection with the provisioning of telecommunications services; and

 

          (11)  Any other factors relevant to determining the applicant’s technical, financial, and managerial capability to provide the services described in the application consistent with the requirements of this chapter and other applicable laws, rules, and commission orders.

 

          Source: 25 SDR 89, effective December 27, 1998.

          General Authority: SDCL 49-31-76.

          Law Implemented: SDCL 49-31-3, 49-31-71, 49-31-76.

 

          20:10:32:06.01.  Performance bonds. If it is in the public interest, the commission may require an applicant, as a condition precedent to granting a certificate of authority, to file with the commission a bond or other security for an amount and a duration as the commission may require. The bond or other security shall be filed with the commission and shall be for the benefit of a customer of the applicant. The bond or other security only applies to customers receiving local exchange service that is being provided in South Dakota by the applicant.

 

          The commission may require an increase in the amount of the bond or other security as the commission deems necessary for the protection of the public. The bond may be a surety bond or other security as the commission may require. If a surety bond is required, the surety on the bond must be a corporate surety company holding a certificate with the Division of Insurance of the State of South Dakota authorizing the surety company to execute the surety bonds.

 

          Source: 34 SDR 67, effective September 11, 2007.

          General Authority: SDCL 49-31-76.

          Law Implemented: SDCL 49-31-3, 49-31-71, 49-31-76.