South Dakota § 49-31-80 - Suspension or modification to carrier with small service area.

§ 49-31-80. Suspension or modification to carrier with small service area.

Consistent with 47 U.S.C. § 251(f)(2) as of January 1, 1998, the commission may grant a suspension or modification of any of the interconnection or other requirements set forth in 47 U.S.C. §§ 251(b) and 251(c), as of January 1, 1998, to any local exchange carrier which serves fewer than two percent of the nation's subscriber lines installed in the aggregate nationwide. Any such carrier shall petition the commission for the suspension or modification. The commission shall grant the petition to the extent that, and for such duration as, the commission determines that the requested suspension or modification is consistent with the public interest, convenience, and necessity and is necessary:

(1)    To avoid a significant adverse economic impact on users of telecommunications services generally;

(2)    To avoid imposing a requirement that is unduly economically burdensome; or

(3)    To avoid imposing a requirement that is technically infeasible.

The commission may suspend enforcement of the requirement or requirements identified in the petition pending final action on the requested suspension or modification.

Source: SL 1998, ch 274, § 18.