49-31-79 Requirements of rural telephone company.
Requirements of rural telephone company.
Pursuant to 47 U.S.C. § 251(f)(1) as
of January 1, 1998, the obligations of an incumbent local exchange carrier, which include the duty
to negotiate and provide interconnection, unbundled network elements, resale, notice of changes and
collocation, do not apply to a rural telephone company unless the company has received a bona fide
request for interconnection, services, or network elements and the commission determines that the
rural telephone company shall fulfill the request. The commission may only determine that the rural
telephone company shall fulfill the request if, after notice and hearing pursuant to chapter 1-26, the
commission finds that the request is not unduly economically burdensome the request is technically
feasible, and the request is consistent with the universal service principles and provisions set forth
in 47 U.S.C. § 254 as of January 1, 1998. The commission shall make such determination within one
hundred twenty days after receiving notice of the request. The person or entity making the request
shall have the burden of proof as to whether each of the standards for reviewing the request has been
met. Nothing in this section prevents a rural telephone company from voluntarily agreeing to provide
any of the services, facilities, or access referenced by this section.
Source: SL 1998, ch 274, § 17; SL 1998, ch 274, § 17; SL 1998, ch 275, § 3.