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South Dakota Public Utilities Commission Meeting
Tuesday, September 2, 2003 at 1:30 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 12:00 p.m. on September 2, 2003.
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 August 19, 2003. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
2. CT02-039 In the Matter of the Complaint filed by PrairieWave Community Telephone, Inc. f/k/a Dakota Community Telephone, Inc. and PrairieWave Telecommunications, Inc. f/k/a McLeodUSA Telecom Development, Inc. against Qwest Corporation Regarding Nonpayment of Switched Access Charges, and Other Contract Disputes. (Staff Analyst: Jim Mehlhaff, Staff Attorney: Karen Cremer)
Complainant states that the parties have a contract for billing purposes and other services. Complainant alleges that tariffs require Qwest to pay all charges within 31 days of the bill date and to pay late payment charges for payments not made by the payment due date. According to the Complainant, Qwest has failed to pay intrastate switched access charges in the amount of $581,384.10 and $636,263.32. Complainant requests that Qwest pay all bills outstanding plus all late payment fees, that Qwest immediately pay into an interest bearing escrow account all amounts due; that DCT and MTD be allowed to offset amounts owed to Qwest; that Qwest route the traffic so that toll is on toll trunks and local is on local trunks; that Qwest provide sufficient information to the Complainant to bill switched access charges and to block such traffic that it cannot provide such information for; and to permit DCT to refile its 2002 switched access cost study.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
Telecommunications
1. TC02-044 In the Matter of the Application of NOW Communications of South Dakota, Inc. for a Certificate of Authority to Provide Interexchange Telecommunications and Local Exchange Services in South Dakota. (Staff Attorney: Kelly Frazier)
NOW Communications of South Dakota, Inc. is seeking a Certificate of Authority to provide interexchange and local exchange telecommunications services in South Dakota. NOW intends to offer services to residential customers with poor or no credit history who are often unable to obtain local exchange services from the ILEC. The applicant intends to provide interexchange service on a resale basis and local exchange service via resale and the purchase of local exchange carrier network elements (UNE). NOW received a certificate of authority on October 31, 2002. The Commission received a Notice of Cancellation of Bond in this matter on August 12, 2003.
TODAY, shall the Commission amend the Certificate of Authority to place prepaid restrictions on the company in lieu of bonding provisions?
2. TC02-049 In the Matter of the Application of Houlton Enterprises, Inc. d/b/a Guaranteed Phone Service for a Certificate of Authority to Provide Local Exchange Services in South Dakota. (Staff Attorney: Kelly Frazier)
On May 20, 2002, the Commission received an application from Houlton Enterprises, Inc. d/b/a Guaranteed Phone Service (GPS) for a certificate of authority to provide local exchange telecommunications services in South Dakota. GPS intends to provide basic local exchange services with customer calling features in Qwest territory. Most of GPS' subscribers are high credit risk customers who fail to qualify for basic local exchange services from the incumbent local exchange carriers and who do not qualify for Universal Service programs such as Lifeline and Link Up. GPS received a certificate of authority on July 26, 2002. The Commission received a Notice of Cancellation of Bond in this matter on August 3, 2003.
TODAY, shall the Commission amend the Certificate of Authority to place prepaid restrictions on the company in lieu of bonding provisions?
3. TC03-110 In the Matter of the Filing by Blackstone Communications Company for Approval of Relief of Certification Requirement to Post Surety Bond. (Staff Analyst: Keith Senger, Staff Attorney: Karen Cremer)
In an Order dated June 22, 1999, the Commission granted Blackstone Communications Company authority to provide interexchange telecommunications services in South Dakota, subject to a continuous $25,000 surety bond. On July 8, 2003, the Commission received a filing from Blackstone requesting relief from the Commission's bond requirement. Blackstone filed a letter requesting a withdrawal of the filing on August 26, 2003.
TODAY, shall the Commission amend the Certificate of Authority to place prepaid restrictions on the company in lieu of bonding provisions?
4. In the Matter of the Filing for Approval of Amendments to Agreements in TC03-122, TC03-134, and TC03-143.
On July 31, 2003, the Commission received a Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and DIECA Communications, Inc. d/b/a Covad Communications Company. According to the parties, the Amendment is made in order to add to the Agreement terms, conditions and rates for Basic Installation with Cooperative Testing as set forth in Attachment 1 and Exhibit A to the Amendment. The original Agreement was approved by the Commission in Docket TC99-017 on November 18, 1999.
On August 4, 2003, the Commission received a Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and MCIMetro Access Transmission Services, LLC. According to the parties, the Agreement is amended by adding terms, conditions and rates for Collocation Available Inventory, as set forth in Attachment 1 and Exhibit A, attached to the Amendment.
On August 6, 2003, the Commission received a Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and MCIMetro Access Transmission Services, LLC. According to the parties, the Agreement is amended to incorporate the PAP, as approved by the Commission, as Attachment 1. The PID, which was Exhibit B to the Commission approved SGAT, is incorporated as Attachment 2. The original Agreement was approved by the Commission in Docket TC02-183 on January 28, 2003.
TODAY, shall the Commission approve the proposed Amendments to Agreements?
5. In the Matter of the Dockets Requesting Federal Universal Service Support Certification
On August 1, 2003, Heartland Telecommunications Company of Iowa d/b/a HickoryTech (HickoryTech) provided information constituting HickoryTech's plan for the use of its federal universal service support and to otherwise verify that HickoryTech will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 1, 2003, Cheyenne River Sioux Tribe Telephone Authority (CRST Telephone Authority) provided information constituting CRST Telephone Authority's plan for the use of its federal universal service support and to otherwise verify that CRST Telephone Authority will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 1, 2003, McCook Cooperative Telephone Company (McCook) provided information constituting McCook's plan for the use of its federal universal service support and to otherwise verify that McCook will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 1, 2003, Sioux Valley Telephone Company (Sioux Valley) provided information constituting Sioux Valley's plan for the use of its federal universal service support and to otherwise verify that Sioux Valley will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 1, 2003, Tri County Telcom Inc. (Tri County) provided information constituting Tri County's plan for the use of its federal universal service support and to otherwise verify that Tri County will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 1, 2003, Stockholm-Strandburg Telephone Company (Stockholm-Strandburg) provided information constituting Stockholm-Strandburg's plan for the use of its federal universal service support and to otherwise verify that Stockholm-Strandburg will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 4, 2003, West River Cooperative Telephone Company (West River) provided information constituting West River's plan for the use of its federal universal service support and to otherwise verify that West River will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 4, 2003, Beresford Municipal Telephone Company (Beresford) provided information constituting Beresford's plan for the use of its federal universal service support and to otherwise verify that Beresford will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 4, 2003, Jefferson Telephone Company (Jefferson) provided information constituting Jefferson's plan for the use of its federal universal service support and to otherwise verify that Jefferson will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 4, 2003, Three River Telco provided information constituting Three River Telco's plan for the use of its federal universal service support and to otherwise verify that Three River Telco will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254
On August 4, 2003, Midstate Communications, Inc. (Midstate) provided information constituting Midstate's plan for the use of its federal universal service support and to otherwise verify that Midstate will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 5, 2003, NebCom, Inc. provided information constituting NebCom, Inc.'s plan for the use of its federal universal service support and to otherwise verify that NebCom, Inc. will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 5, 2003, Great Plains Communications, Inc. (Great Plains) provided information constituting Great Plains's plan for the use of its federal universal service support and to otherwise verify that Great Plains will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 5, 2003, James Valley Cooperative Telephone Co (James Valley) provided information constituting James Valley's plan for the use of its federal universal service support and to otherwise verify that James Valley will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
TC03-139 In the Matter of the Request of Kadoka Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On August 5, 2003, Kadoka Telephone Company (Kadoka) provided information constituting Kadoka's plan for the use of its federal universal service support and to otherwise verify that Kadoka will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 5, 2003, Union Telephone Company (Union) provided information constituting Union's plan for the use of its federal universal service support and to otherwise verify that Union will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 5, 2003, Bridgewater-Canistota Independent Telephone Company (Bridgewater-Canistota) provided information constituting Bridgewater-Canistota's plan for the use of its federal universal service support and to otherwise verify that Bridgewater-Canistota will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 5, 2003, Armour Independent Telephone Company (Armour) provided information constituting Armour's plan for the use of its federal universal service support and to otherwise verify that Armour will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 6, 2003, Western Telephone Company (Western) provided information constituting Western's plan for the use of its federal universal service support and to otherwise verify that Western will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 6, 2003, City of Brookings Municipal Telephone (Brookings) provided information constituting Brookings's plan for the use of its federal universal service support and to otherwise verify that Brookings will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 6, 2003, Venture Communications Cooperative (Venture) provided information constituting Venture's plan for the use of its federal universal service support and to otherwise verify that Venture will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 6, 2003, Golden West Telecommunications Cooperative, Inc. (Golden West) provided information constituting Golden West's plan for the use of its federal universal service support and to otherwise verify that Golden West will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 6, 2003, Vivian Telephone Company (Vivian) provided information constituting Vivian's plan for the use of its federal universal service support and to otherwise verify that Vivian will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 6, 2003, Valley Telecommunications Cooperative Association, Inc. (Valley) provided information constituting Valley's plan for the use of its federal universal service support and to otherwise verify that Valley will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 6, 2003, West River Telecommunications provided information constituting West River Telecommunications' plan for the use of its federal universal service support and to otherwise verify that West River Telecommunications will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 6, 2003, West River Telecommunications (Mobridge) provided information constituting West River Telecommunications (Mobridge)'s plan for the use of its federal universal service support and to otherwise verify that West River Telecommunications (Mobridge) will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 6, 2003, RT Communications (RT) provided information constituting RT's plan for the use of its federal universal service support and to otherwise verify that RT will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 7, 2003, Faith Municipal Telephone Company (Faith) provided information constituting Faith's plan for the use of its federal universal service support and to otherwise verify that Faith will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 8, 2003, Consolidated Telcom provided information constituting Consolidated Telcom's plan for the use of its federal universal service support and to otherwise verify that Consolidated Telcom will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 11, 2003, PrairieWave Community Telephone, Inc. (PrairieWave Community) provided information constituting PrairieWave Community's plan for the use of its federal universal service support and to otherwise verify that PrairieWave Community will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal services support as proposed in each of the above dockets?
Announcements
1. The PUC offices will be closed September 1, 2003, for Labor Day.
2. The next regularly scheduled Commission meeting will be held September 16, at 9:30 a.m., in Room 412 of the Capitol Building.
3. September 28 - 29, staff will be attending the Regional Oversight Committee (ROC) meetings in Seattle, Washington.
4. The PUC offices will be closed October 13, 2003, for Columbus Day.
5. Commission meetings are scheduled for October 14 and November 4, 2003.
6. Hearings for CT03-006 and CT03-007 are scheduled for October 24, 2003, in Sioux Falls.
______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
August 27, 2003
