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PUBLIC UTILITIES COMMISSION MEETING
Friday, November 7, 1997; 1:30 P.M.
Room 464, 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 Friday, November 7, 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
1. TC97-107 - IN THE MATTER OF THE COMPLAINT FILED BY KATHY ROTTENBUCHER, NEWELL, SD, AGAINST STATELINE TELECOMMUNICATIONS, INC. REGARDING UNPUBLISHED ADDRESS. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)
On June 23, 1997, the Commission received a complaint from Kathy Rottenbucher (Complainant), Newell, SD, against Stateline Telecommunications, Inc. (Stateline) regarding an unpublished address. Complainant states that she specifically requested an unpublished address, but her address was published in the Rapid City telephone book for West River customers. Stateline provides customer information to U S WEST Communications, Inc. for the purpose of publishing telephone books. Complainant requested proof of written reprimands for all parties, proof that changes were made to avoid similar mistakes in the future, access to the Board of Directors, and one thousand dollars for violation of trust, emotional and mental anguish, duress, and inconvenience.
A regularly scheduled July 15, 1997, meeting, the Commission found probable cause of an unlawful or unreasonable act, rate, practice or omission and served the complaint on Stateline. Stateline filed its response on August 14, 1997. The Commission held a public hearing in this matter on October 27, 1997. The issue at the hearing was whether Stateline's release of the Rottenbuchers' address for publication is an unlawful or unreasonable act, rate, practice, or omission which caused the Rottenbuchers to suffer damages.
TODAY, how shall the Commission decide this matter?
A August 18, 1997, regularly scheduled meeting, the Commission voted to open a docket concerning the Federal Communications Commission's Report and Order on Universal Service regarding the Lifeline and Link Up programs. In its Report and Order, the FCC decided that it would provide for additional federal support in the amount of $1.75, above the current $3.50 level. However, in order for a state's Lifeline consumers to receive the additional $1.75 in federal support, the state commission must approve that reduction in the portion of the intrastate rate paid by the end user. 47 C.F.R. § 54.403(a). Additional federal support may also be received in an amount equal to 1/2 of any support generated from the intrastate jurisdiction, up to a maximum of $7.00 in federal support. 47 C.F.R. § 54.403(a). A state commission must file or require the carrier to file information with the administrator of the federal universal service fund demonstrating that the carrier's Lifeline plan meets the criteria set forth in 47 C.F.R. § 54.401.
The Commission held public hearings in this matter in Rapid City, Pierre, and Sioux Falls on October 27, 28 and 29, respectively.
TODAY, Shall the Commission approve intrastate rate reductions to allow consumers eligible for lifeline support to receive an additional $1.75 in federal support? Shall the Commission set up a state Lifeline Program to fund further reductions in the intrastate rate paid by the end user? Shall the Commission retain, modify, or eliminate the existing Lifeline or Link Up Programs? And, shall the Commission file or require the carrier to file information with the administrator of the federal universal service fund demonstrating that the carrier's Lifeline plan meets the criteria set forth in 47 C.F.R. § 54.401(d)?
William Bullard Jr.
November 5, 1997