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South Dakota Public Utilities Commission Meeting
Tuesday, December 12, 2000; 2:00 P.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 December 11, 2000.
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.
ADDENDUM TO THE AGENDA
1. CT00-055 IN THE MATTER OF THE COMPLAINT FILED BY BLACK HILLS FIBERCOM, L.L.C., RAPID CITY, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING COMPETITIVE PRICING AND PROMOTION PRACTICES. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
On March 14, 2000, Black Hills FiberCom, L.L.C. (FiberCom) filed a complaint with this Commission. The complaint was forwarded to U S WEST Communications, Inc. (U S WEST) on March 15, 2000, to attempt to resolve the complaint informally. The informal attempt to resolve the complaint was not successful within the requested time frame: the complaint was formally docketed on March 29, 2000. FiberCom is of the information and belief that as early as the fall of 1999, U S WEST conducted, and continues to conduct, an unlawful pricing and promotion campaign within the local exchange area serviced concurrently by U S WEST and FiberCom.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
2. TC00-190 IN THE MATTER OF THE FILING BY BLACK HILLS FIBERCOM, LLC FOR APPROVAL OF ITS INTRASTATE SWITCHED ACCESS TARIFF AND FOR AN EXEMPTION FROM DEVELOPING COMPANY SPECIFIC COST-BASED SWITCHED ACCESS RATES. (Staff Analyst: Heather Forney. Staff Attorney: Kelly Frazier.)
Black Hills FiberCom filed an application with the Commission for approval of its Intrastate Switched Access Tariff No. 1. The tariff filing is in concurrence with the rates, terms and conditions of the current LECA Tariff No. 1, with the exception of the switched access rates which are based on a statewide average. The company is also requesting that the Commission exempt it from the requirement to develop intrastate switched access rates based on company specific costs. The company requested an effective date of November 22, 2000. After the agenda was published, the Commission received a Petition to Intervene from Qwest Corp. The Petition was received on December 6, 2000. The deadline to intervene is December 8, 2000.
TODAY, shall the Commission grant intervention to Qwest Corp. and any others who may file?
Qwest Corporation (Qwest) filed with the Commission a Statement of Generally Available Terms and Conditions (SGAT) and a Compliance Filing Modifying Qwest's SGAT to Adopt Collocation Provision Intervals Set by the FCC (Compliance Filing). In its SGAT filing, Qwest states that it is requesting that the Commission open a docket for review of the SGAT; that it has triggered the 60-day review period under Section 252(f)(3) of the Telecommunications Act of 1996 (Act); and that it provides Qwest's model contract offering that will frame discussions for the Act's 271 process. In its Compliance Filing, Qwest requests that the Commission issue an Order allowing section 8.4 of the SGAT to be amended consistent with the intervals set forth by the FCC. The intervention deadline is December 8, 2000. On December 7, 2000, the Commission received a Petition to Intervene from AT&T. On December 8, 2000, the Commission received a Petition to Intervene from McLeodUSA.
TODAY, shall the Commission grant intervention to AT&T, McLeodUSA, and any others who may file?
On July 2, 1997, the Commission opened a docket to investigate the safety procedures of Montana- Dakota Utilities.
TODAY, Staff has an update. AND, how shall the Commission proceed?
Deputy Executive Director
December 8, 2000