A telecommunications company required by SDCL chapter 49-31 to apply for a certificate of authority for local exchange services from the commission shall submit a written application and provide the following information, unless the commission grants a waiver for good cause to omit a specific item of information:

1. (1) The applicant’s name, address, telephone number, web page URL, and e-mail address;
2. (2) A description of the legal and organizational structure of the applicant's company;
3. (3) The name under which the applicant will provide local exchange services, if different than in subdivision (1) of this section;
4. (4) A copy of its certificate of authority to transact business in this state from the Secretary of State;
5. (5) The location of the applicant's principal office, if any, in this state and the name and address of its current registered agent, if applicable;

6. (6) A list containing the following information about the types of services the applicant seeks to offer and the services will be provided:

   1. (a) The classes of customers the applicant intends to serve;
   2. (b) The date the applicant is to provide service and the extent to which service is to be provided through the use of the applicant's own facilities, the purchase of unbundled network elements, or resale;
   3. (c) A description of all facilities that the applicant shall utilize to furnish the proposed local exchange services, including any facilities of underlying carriers; and
   4. (d) The types of services the applicant seeks authority to provide, with reference to the general nature of each service;
7. (7) A description of the applicant's experience providing any telecommunications service in this state or in other jurisdictions, the type of service provided, and the date and nature of state or federal authorization to provide the service;
8. (8) The name and address of any affiliate, parent organization, or subsidiary of the applicant;
9. (9) A service area map or narrative description indicating with particularity the geographic area proposed to be served by the applicant;
10. (10) For the most recent twelve-month period, financial statements of the applicant consisting of balance sheets, income statements, and cash flow statements. The applicant shall provide audited financial statements, if available;
11. (11) The name, address, telephone number, and e-mail address of the applicant's representative to whom all commission inquiries must be made regarding customer complaints and other regulatory matters;
12. (12) The applicant's plan to bill and collect charges from customers who subscribe to its proposed local exchange services;
13. (13) The applicant's policies relating to solicitation of new customers and a description of the efforts the applicant intends to use to prevent the unauthorized switching of local service customers by the applicant, its employees, or agents;
14. (14) How the applicant will make available to any person information concerning the applicant's current rates, terms, and conditions for all of its telecommunications services;
15. (15) How the applicant will notify a customer of any materially adverse change to any rate, term, or condition of any telecommunications service provided to the customer by the applicant;

16. (16) A list of the states in which the applicant is registered or certified to provide telecommunications services, together with a statement as to whether the applicant:

    1. (a) Has ever been denied registration or certification in any state, and the reasons for any denial; and
    2. (b) Is in good standing with the appropriate regulatory agency in any state where it is registered or certified, and a detailed explanation of why the applicant is not in good standing in a given state, if applicable;
17. (17) A description of how the applicant intends to market its local exchange services, a description of its target market, a statement as to whether the applicant engages in multilevel marketing, and copies of any company brochure that is to be used to assist in sale of the services;

18. (18) The technical competence of the applicant to provide its proposed local exchange services as shown by:

    1. (a) A description of the education and experience of the applicant’s management personnel who will oversee the proposed local exchange services; and
    2. (b) Any policy, personnel decision, or arrangement made by the applicant, which demonstrates the applicant’s ability to respond to customer complaints and inquiries promptly and to perform facility and equipment maintenance necessary to ensure compliance with any commission quality of service requirement;
19. (19) How the applicant is to provide customers with access to 911 or enhanced 911, operator services, interexchange services, directory assistance, telecommunications relay services, and any other emergency service;

20. (20) The following matters associated with interconnection to provide proposed local exchange services:

    1. (a) The identity of all local exchange carriers with which the applicant plans to interconnect;
    2. (b) The likely timing of initiation of interconnection service and a statement as to when negotiations for interconnection started or are likely to start; and
    3. (c) A copy of any request for interconnection made by the applicant to any local exchange carrier;
21. (21) If the applicant is seeking authority to provide local exchange service in the service area of a rural telephone company, the date by which the applicant expects to meet the service obligations imposed pursuant to § 20:10:32:15 and the applicant’s plan for meeting the service obligations;
22. (22) A written request for waiver of any rule believed to be inapplicable; and

23. (23) Other information requested by the commission needed to demonstrate that the applicant has sufficient technical, financial, and managerial capabilities to provide the local exchange services it intends to offer consistent with the requirements of this chapter and other applicable rules and laws.

    The commission may require the production of audited financial statements and additional information to supplement the information contained in the application. A company shall notify the commission of any change in information provided pursuant to subdivisions (1), (3), (4), and (11) of this section as the change occurs.

Source: 25 SDR 89, effective December 27, 1998; 26 SDR 110, effective March 7, 2000; 34 SDR 67, effective September 11, 2007 ; 52 SDR 32, effective September 29, 2025 .

General Authority: SDCL 49-31-76 .

Law Implemented: SDCL 49-31-3 , 49-31-12.7 , 49-31-69 , 49-31-76 .

Prior versions effective: 2007-09-11.