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South Dakota Public Utilities Commission Meeting
Tuesday, January 26, 1999; 2:30 P.M.
State Capitol Building, Room 468
Pierre, South Dakota

NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 5:00 p.m. on January 25, 1999. Please keep in mind that a limited number of telephone lines are available. Every effort should be made for parties in the same city to be on the same line when calling in.

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 COMMISSION MEETING

Administration

1. Approval Of The Minutes Of The Commission Meetings Held On January 6, and January 11, 1999. (Staff: Shirleen Fugitt.)

Consumer Issues

1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)

The Commission has received 81 consumer contacts during 1999.

TELECOMMUNICATIONS: 69 of the contacts involved telecommunications. 14 of the contacts involved slamming, 8 contacts involved cramming, 5 contacts concerned fluffing, 5 billing issues were reported, 4 contacts involved telemarketers, and the remaining issues involved 900 numbers, cable cuts, collect calls, won't disconnect, damages, fees, double billing, excess construction, held orders, rates, local slamming, pay phones, and poor service.


ELECTRICITY: 7 of the contacts involved electricity issues. 3 disconnection issues were addressed and the remaining issues were billings, downed lines, damages, and payment plans.


NATURAL GAS: 5 of the contacts involved natural gas issues. 4 of the contacts involved disconnects and the remaining issue was poor service.

A total of 25 complaints have been resolved informally during 1999.

2. TC98-137 IN THE MATTER OF THE COMPLAINT FILED BY BRENT AND DAWN BARTON, MINA, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING UPDATING LINES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

On July 24, 1998, Brent and Dawn Barton, Mina, SD, filed a complaint against U S WEST Communications, Inc. regarding updating lines. "We have lived in this area for 14 years and had problems for several years...we don't have a phone for 2-3 days at a time. ...when the phone is working, there's so much static you can't hear the person talking." The complainant requested the following relief: "U S WEST needs to put in new phone lines. Also, to be compensated for the many years of problems with our phone lines, by the phone company." The Commission found probable cause and deferred action until October 31, 1998. Work in the area was completed in 1998. On January 11, 1999, the Commission received a letter from Dawn Barton asking that her request for damages be withdrawn.

TODAY, shall the Commission close the docket?

Telecommunications

1. TC98-147 IN THE MATTER OF THE APPLICATION OF FIBERCOMM, L.C. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Kylie Tracy. Staff Attorney: Camron Hoseck.)

On August 27, 1998, the Commission received an application from FiberComm, L.C. for a certificate of authority to provide local exchange service, intrastate and interstate long distance interexchange telecommunications services in the state of South Dakota. FiberComm, L.C. proposes to provide Internet access, resold wireless services, and other enhanced services within U S WEST exchanges in the state of South Dakota.

TODAY, shall the Commission grant a Certificate of Authority to FiberComm, L.C.?

2. TC98-177 IN THE MATTER OF THE APPLICATION OF PAETEC COMMUNICATIONS, INC., FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Kylie Tracy. Staff Attorney: Karen Cremer.)

On September 30, 1998, the Commission received an application from PaeTec Communications, Inc. for a certificate of authority to provide resold intrastate interexchange telecommunications services in South Dakota. The services to be provided include direct-dialed (1+) message telecommunications services, 800-888-877 services, operator services to presubscribed customers only, and post-paid calling card services.

TODAY, shall the Commission grant a Certificate of Authority to PaeTec Communications, Inc.?

3. TC98-190 IN THE MATTER OF THE APPLICATION OF ENHANCED COMMUNICATIONS NETWORK, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTRASTATE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

On October 28, 1998, the Commission received an application from ENHANCED COMMUNICATIONS NETWORK, INC. for a certificate of authority to provide intrastate, interexchange telecommunications services in the State of South Dakota. ENHANCED COMMUNICATIONS is proposing to provide outbound intrastate interexchange service and prepaid calling card service within South Dakota.

TODAY, shall the Commission grant a Certificate of Authority to ENHANCED COMMUNICATIONS NETWORK, INC.?

4. TC98-201 IN THE MATTER OF THE APPLICATION OF FIRSTWORLD COMMUNICATIONS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Bob Knadle. Staff Attorney: Karen Cremer.)

On November 16, 1998, the Commission received an application from FirstWorld Communications, Inc. for a certificate of authority to provide resold intrastate telecommunications services throughout South Dakota. Services to be provided include MTS, inbound toll free service, travel card, debit card and operator services.

TODAY, shall the Commission grant a Certificate of Authority to FirstWorld Communications, Inc.?

Announcements

1. Commissioner Burg will be attending a GRI meeting in Washington DC, January 20-21, 1999.

2. Hearings in dockets TC98-183, 184, 199, & 212 (Valentine complaints) are scheduled for February 3, 1999, at 1:30pm, in Mission, SD, at Cherry-Todd Electric Cooperative.

3. A hearing in Docket TC98-196 (GSA v McLeod) is scheduled for February 11, 1999, at 9:00 a.m., in Rapid City, SD, at the School Administration Building.

4. Commissioners and Staff will be attending NARUC meetings in Washington DC, on February 21-24, 1999.

5. A hearing in Docket TC98-194 (Basec.Net) is scheduled for March 31-April 1, 1999, at 8:30 a.m. in Room 412 of the State Capitol, Pierre, SD.

6. The next regularly scheduled Commission meeting will be held Wednesday, February 17, 1999, at 3:00 p.m. in Room 468 of the State Capitol Building.


______________________
Sue Cichos
Deputy Executive Director
January 19, 1999