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PUBLIC UTILITIES COMMISSION MEETING
Wednesday, October 22, 1997; 1:30 P.M.
Room 412, State Capitol Building
Pierre, South Dakota

NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by noon on Wednesday, October 22, 1997.

NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.

AGENDA OF THE AD HOC COMMISSION MEETING

Telecommunications

1. TC97-062 - IN THE MATTER OF THE FILING BY DAKOTA TELECOM, INC., DAKOTA TELECOMMUNICATIONS SYSTEMS, INC., AND DAKOTA COOPERATIVE TELECOMMUNICATIONS, INC., FOR INTERCONNECTION WITH FORT RANDALL TELEPHONE COMPANY. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

On June 3, 1997, Dakota Telecom, Inc., Dakota Telecommunications Systems, Inc., and Dakota Cooperative Telecommunications, Inc. (collectively Dakota) filed a Notice of Request for Interconnection with Fort Randall Telephone Company (Fort Randall) with the Commission. A July 15, 1997, meeting, the Commission granted intervention to SDITC. At a July 18, 1997, ad hoc meeting, the Commission found Dakota's request was not a bona fide request as required by 47 U.S.C. Section 251(f)(1). The Commission issued a hearing notice on July 31, 1997, to consider whether Dakota should be required to meet Eligible Telecommunications Carrier (ETC) requirements before being allowed to provide service in exchanges owned by Fort Randall.

On August 4, 1997, Dakota filed an appeal of this matter to the Circuit Court, Sixth Judicial Circuit and sought a stay in these proceedings. On August 8, 1997, Fort Randall and intervenor SDITC filed for removal of the appeal to the United States District Court, District of South Dakota. Dakota has requested that the Commission suspend these proceedings in light of these appeals. By order dated August 14, 1997, the Commission suspended the procedural schedule in this matter.

On August 15, 1997, Dakota filed an application with the Commission requesting interconnection, services and network elements from Fort Randall and requesting that the Commission determine whether the exemption from the obligation of negotiating interconnection with Dakota by Fort Randall should be terminated.

This matter again came to the Commission a September 9, 1997, regular meeting, at which time it found Dakota's request for interconnection dated August 15, 1997, to be a bona fide request. A hearing was ordered on October 3, 1997, and scheduled for 1:30 p.m. on November 3, and continuing through November 4, 1997, in Room LCR-1, in the State Capitol.

TODAY, shall the Commission amend its October 3, 1997, Order for and Notice of Hearing and Procedural Schedule to include, as an issue at the hearing, whether the Commission shall require Dakota to meet the requirements of an Eligible Telecommunications Carrier?

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William Bullard Jr., Executive Director
October 21, 1997