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South Dakota Public Utilities Commission Meeting
Tuesday, October 19, 1999; 9:00 A.M.
State Capitol Building, Room 412
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 October 18, 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 Meeting Held On September 21, 1999. (Staff: Shirleen Fugitt.)

Consumer Issues

1. CT99-042 IN THE MATTER OF THE COMPLAINT FILED BY PAULA MUCHOW, RAPID CITY, SOUTH DAKOTA, AGAINST CREATIVE OPPORTUNITY REGARDING UNAUTHORIZED BILLING FOR SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

On October 4, 1999, the Commission received a complaint from Paula Muchow, Rapid City, South Dakota, against Creative Opportunity regarding unauthorized billing for services. The Complainant claims that service for her residence was switched without authorization. The Complainant seeks to have all charges removed from her account and payment of the $1000 damage claim allowed by law.

TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon the Respondent?

2. CT99-043 IN THE MATTER OF THE COMPLAINT FILED BY KEVIN AND GAYLE SUING, SIOUX FALLS, SOUTH DAKOTA, AGAINST AT&T COMMUNICATIONS OF THE MIDWEST, INC. REGARDING UNAUTHORIZED BILLING FOR SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

On October 4, 1999, the Commission received a complaint from Kevin and Gayle Suing, Sioux Falls, South Dakota, against AT&T Communications of the Midwest, Inc. regarding unauthorized billing for services. The Complainants claim that they were billed by AT&T for unauthorized services. The Complainants seek to have all charges removed from their account and that fines and penalties be assessed.

TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon the Respondent?

3. CT99-044 IN THE MATTER OF THE COMPLAINT FILED BY WILLIAM P. AND DEBRA L. LANG, RAPID CITY, SOUTH DAKOTA, AGAINST AMERICA'S TELE- NETWORK CORP. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

On October 8, 1999, the Commission received a complaint from William P. and Debra L. Lang, Rapid City, South Dakota, against America's Tele-Network Corp. regarding unauthorized switching of services. Complainants allege their long distance provider was switched without their authorization and further allege that a long distance block has been placed on their line. Complainants are asking to have all charges removed from their account and to have applicable fines and penalties imposed on the company. Complainants are also seeking additional damages for an unspecified amount.

TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon the Respondent?

4. CT99-045 IN THE MATTER OF THE COMPLAINT FILED BY GSA, INC., RAPID CITY, SOUTH DAKOTA, AGAINST QWEST COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

On October 12, 1999, the Commission received a complaint filed by GSA, Inc., Rapid City, South Dakota, against QWEST Communications, Inc. regarding unauthorized switching of services. Complainants allege their long distance provider was switched without their authorization. Complainants are seeking a credit of QWEST charges.

TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon the Respondent?

Gas/Electric

1. GE99-001 IN THE MATTER OF THE APPLICATION OF MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF REVISIONS TO SAMPLE FORMS TARIFFS. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

On February 9, 1999, MidAmerican Energy Company filed for approval of revised electric and natural gas sample forms including regular customer bill, deposit receipt and disconnect notice. This matter was deferred at the March 25, 1999 meeting.

TODAY, shall the Commission approve the proposed tariff?

Telecommunications

1. TC99-041 IN THE MATTER OF THE FILING BY DICKEY RURAL TELEPHONE COOPERATIVE AND ITS WHOLLY OWNED SUBSIDIARY, DICKEY RURAL COMMUNICATIONS, INC. FOR APPROVAL OF PETITION FOR SUSPENSION AND MODIFICATION OF DIALING PARITY. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

On April 19, 1999, Dickey Rural Telephone Cooperative and Dickey Rural Communications, Inc. filed for approval of petition for suspension and modification of dialing parity. Dickey Rural Telephone Cooperative and Dickey Rural Communications, Inc. each have fewer than 2% of the Nation's subscriber lines installed in the aggregate. Pursuant to 47 U.S.C. 251(f)(2), Dickey Rural Telephone Cooperative and Dickey Rural Communications, Inc. petitions the Commission for a suspension and modification of the requirement for implementation of intraLATA dialing parity in its service areas until June 30, 2000. The grounds for the petition are that suspension and modification are: a) necessary to avoid imposing requirements that are unduly economically burdensome and infeasible, and b) consistent with the public interest, convenience and necessity. The compressed schedule mandated by CC Docket No. 96-98, Order adopted March 19 and released March 23, 1999, FCC 99-54 is burdensome and infeasible for small LECs to develop and administer plans for timely notification of their subscribers and interexchange carriers regarding subscribers' selection of intraLATA toll providers, and for small LECs to develop fully compensatory local exchange access rates to replace the current arrangement. By order dated June 22, 1999, the Commission granted a suspension and modification to dialing parity until September 15, 1999. On August 4, 1999, the Commission received a letter from Dickey Rural Telephone requesting the Commission to consider mirroring the North Dakota Public Service Commission case number PU-405-99- 204 issued July 16, 1999 extending, until January 1, 2000, the suspension and modification of the requirements of dialing parity. On September 29, 1999, Dickey Rural Telephone Cooperative and Dickey Rural Communications, Inc., filed their dialing parity plans as ordered by the Commission.

TODAY, how shall the Commission proceed?

2. TC99-056 IN THE MATTER OF THE APPLICATION OF BLACK HILLS FIBERCOM, L.L.C. FOR APPROVAL TO OFFER A DIFFERENT LOCAL CALLING AREA. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

On May 21, 1999, Black Hills Fibercom, L.L.C. submitted an application to provide a different local calling area than that provided by U S West. On June 11, 1999, U S West Communications, Inc. filed to intervene. On June 25, 1999, U S West's request for intervention was granted.

TODAY, how shall the Commission proceed?

Announcements

1. Commissioners and staff will be attending the Telecom Leadership Forum in Spearfish, South Dakota on October 12-14, 1999.

2. The hearing in docket CT99-030 (Putnam v Touchtone Communications) scheduled for 1:00pm MT on October 14, 1999, in Rapid City has been canceled.

3. The hearing in docket CT99-021 (Parks v Western Telecom) scheduled for 9:00 am MT, October 15, 1999, in Rapid City has been canceled.

4. The hearing in docket CT99-010 (Braun v National Billing Exchange) scheduled for 1:00pm MT on October 15, 1999, in Rapid City has been canceled.

5. A hearing in docket NG99-002 (NWPS rate case) is scheduled for 9:00am on October 20-21, 1999, in Room 413 of the State Capitol.

6. Midco will meet with Commissioners and staff on October 22, 1999, in the State Capitol.

7. A hearing in docket CT99-009 (Fox v Touchtone Communications) will be held at 9:30am on October 26, 1999, in Huron, South Dakota.

8. A hearing in docket CT99-034 (Lee v Western Telecom) will be held at 1:30pm on October 26, 1999, in Huron, South Dakota.

9. A hearing in docket CT99-018 (Hatch v Qwest Communications) will be held at 1:00pm on October 27, 1999, in Room 412 of the State Capitol.

10. Chairman Burg will be attending a GRI conference on October 28-29, 1999.

11. A hearing in docket CT99-006 (Tele-Tech v USWC) will be held at 1:00pm on November 1, 1999, in Room 412 of the State Capitol.

12. A hearing in docket TC99-053 (USWC dialing parity costing) will be held at 9:00am on November 2-3, 1999, in Room 412 of the State Capitol.

13. A hearing in dockets TC98-183, TC98-184, TC98-199, and TC99-212 (Mission complainants v USWC) will be held on November 4, 1999, at Cherry-Todd Electric in Mission, South Dakota at 1:30pm.

14. Commissioners and staff will be attending the NARUC meeting on November 7-11, 1999, in San Antonio, Texas.

15. The Commission offices will be closed on November 11, 1999, in observance of Veterans Day.

16. A hearing in docket CT99-020 (Holpp v USWC) will be held on November 17, 1999, at 9:00am MT in Rapid City.

17. A hearing in docket CT99-026 (Raker v USWC) will be held on November 17, 1999, at 1:00pm MT in Rapid City.

18. A hearing in docket CT99-023 (Schuelke v USWC) will be held on November 18, 1999, at 9:00am MT in Rapid City.

19. A hearing in docket CT99-027 (Peltz v USWC) will be held on November 18, 1999, at 1:00pm MT in Rapid City.

20. A hearing in docket TC99-099 (USWC reclassification) will be held on November 22, 1999, at 9:00am in Room 412 of the State Capitol.

21. A hearing in docket TC99-098 (USWC reclassify directory assistance) will be held on November 23, 1999, at 9:00am in Room 412 of the State Capitol.

22. The next regularly scheduled Commission meeting will be held Monday, November 1, 1999, at 10:00 a.m. in Room 412 of the State Capitol Building.

 

William Bullard Jr.
Executive Director
Bill.Bullard@state.sd.us
October 12, 1999