49-31-81. Carrier to provide services to competitive telecommunications services provider.The commission may implement and comply with the provisions of the federal Telecommunications Act of 1996, including the promulgation of rules pursuant to chapter 1-26. Except to the extent a local exchange carrier is exempt from or has received a suspension or modification pursuant to 47 U.S.C. §251(f)(1) or 251(f)(2), as of January 1, 1998, and the provisions of this chapter, the carrier shall provide interconnection, network elements, and other telecommunications services to any provider of competitive telecommunications services that requests such interconnection and services to the extent required by 47 U.S.C. §§251(a) to 251(c), inclusive, as of January 1, 1998. If the parties are unable to voluntarily negotiate an agreement for the interconnection or services requested, either party may petition the commission to mediate or arbitrate any unresolved issues as provided in 47 U.S.C. §252. The provisioning of interconnection, network elements, and other telecommunications services to the extent required by 47 USC §§251(a) to 251(c), inclusive, by a local exchange carrier pursuant to this e provisioning of interconnection, network elements, and other telecommunications services to the extent required by 47 USC §§251(a) to 251(c), inclusive, by a local exchange carrier pursuant to this section is not subject to §§49-31-1.1 to 49-31-1.4, inclusive, 49-31-3.1 to 49-31-4, inclusive, 49-31-12.2, 49-31-12.4, 49-31-12.5, and 49-31-18 and 49-31-19, inclusive. Source: SL 1998, ch 274, §23.
South Dakota Legal Code