If necessary for the assessment of transport and termination charges pursuant to 47 U.S.C. § 251(b)(5) as of January 1, 2004, an originating carrier of local telecommunications traffic shall, in delivering its traffic, transmit signaling information in accordance with commonly accepted industry standards giving the terminating carrier information that is sufficient to identify, measure, and appropriately charge the originating carrier for services provided in terminating the local telecommunications traffic. If the originating carrier is delivering both local and nonlocal telecommunications traffic, the originating carrier shall separately provide the terminating carrier with accurate and verifiable information, including percentage measurements that enables the terminating carrier to appropriately classify telecommunications traffic as being either local or nonlocal, and interstate or intrastate, and to assess the appropriate applicable transport and termination or access charges. If accurate and verifiable information allowing appropriate classification of the terminated traffic is not provided by the originating carrier, the terminating carrier may classify all unidentified traffic terminated for the originating carrier as nonlocal telecommunications traffic for service billing purposes.
S.D. Codified Laws § 49-31-110
Local telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges
Applied in 2 court decisions — leading case 529 F. Supp. 2d 1081 - VERIZON WIRELESS (YAW) LLC v. Kolbeck (2007)
Most recently applied in 529 F. Supp. 2d 1081 - VERIZON WIRELESS (YAW) LLC v. Kolbeck (December 2007)
Source: SL 2004, ch 284, § 2.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.