49-31-73 Rural service areas--Services--Waiver.
Rural service areas--Services--Waiver.
Except as provided in 47 U.S.C. § 253(f)
as of January 1, 1998, if the applicant proposes to provide any local exchange service in the service
area of a rural telephone company, the applicant is required to satisfy the service obligations of an
eligible telecommunications carrier as set forth in 47 U.S.C. § 214(e)(1) as of January 1, 1998,
within a geographic area as determined by the commission. In addition, the services required to be
provided as set forth in 47 U.S.C. § 214(e)(1) as of January 1, 1998, shall be provided at prices and
on terms which reflect a good faith offering of the services throughout the service area of the
incumbent rural telephone company. This includes the obligation to advertise the availability of local
exchange services and prices to potential customers throughout the service area using media of
general distribution. However, an applicant may petition the commission for a waiver from the
requirement of satisfying the service obligations of an eligible telecommunications carrier. The
commission may grant the waiver if, after notice and hearing pursuant chapter 1-26, it is established
by a preponderance of the evidence that the waiver would not adversely impact universal service,
that quality of service would be continued, and that it would otherwise be in the public interest.
Source: SL 1998, ch 274, § 10.