Each telecommunications company required to apply for a
certificate of authority with the commission pursuant to SDCL
49-31-3 for interexchange service
shall provide the following information with the company's application unless
the commission grants a waiver to omit a specific item of information:
(1) The applicant's name, address, telephone
number, facsimile number, web page URL, and E-mail address;
(2) A description of the legal and
organizational structure of the applicant's company;
(3) The name under which the applicant will
provide interexchange services if different than in subdivision (1) of this
section;
(4) A copy of the
applicant's certificate of authority to transact business in South Dakota from
the Secretary of State;
(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) A list and specific description of the
telecommunications services the applicant intends to offer;
(7) A detailed statement of how the applicant
will provide its services;
(8) A
service area map or narrative description indicating with particularity the
geographic area proposed to be served by the applicant;
(9) For the most recent 12 month period,
financial statements of the applicant including a balance sheet, income
statement, and cash flow statement. The applicant shall provide audited
financial statements, if available;
(10) The names, addresses, telephone number,
facsimile number, E-mail address, and toll free number of the applicant's
representatives to whom all inquiries must be made regarding complaints and
regulatory matters and a description of how the applicant handles customer
service matters;
(11) Information
concerning how the applicant plans to bill and collect charges from
customers;
(12) Information
concerning the applicant's policies relating to solicitation of new customers
and a description of the efforts the applicant shall use to prevent the
unauthorized switching of interexchange customers;
(13) Information concerning 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;
(14) Information
concerning how the applicant will notify a customer of any materially adverse
change to any rate, term, or condition of any telecommunications service being
provided to the customer. The notification must be made at least thirty days in
advance of the change;
(15) A list
of the states in which the applicant is registered or certified to provide
telecommunications services, whether the applicant has ever been denied
registration or certification in any state and the reasons for any such denial,
a statement as to whether or not the applicant is in good standing with the
appropriate regulatory agency in the states 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;
(16) A description of how the applicant
intends to market its services, its target market, whether the applicant
engages in any multilevel marketing, and copies of any company brochures used
to assist in the sale of services;
(17) Federal tax identification number and
South Dakota sales tax number;
(18)
The number and nature of complaints filed against the applicant with any state
or federal regulatory commission regarding the unauthorized switching of a
customer's telecommunications provider and the act of charging customers for
services that have not been ordered;
(19) A written request for waiver of those
rules the applicant believes to be inapplicable; and
(20) Other information requested by the
commission needed to demonstrate that the applicant has sufficient technical,
financial, and managerial capabilities to provide the interexchange 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 that contained in
the application. A company shall notify the commission of any changes in
subdivisions (1), (3), (5), (8), and (10) of this section as they
occur.
