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South Dakota Public Utilities Commission Meeting
Tuesday, December 16, 2003 at 9:30 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 December 15, 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
1. Approval of the Minutes of the Commission Meeting Held on December 2, 2003. (Staff: Tina Douglas.)
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
2. CT03-148 In the Matter of the Complaint filed by Mary S. Hanson, Sioux Falls, South Dakota, against Budget Call Long Distance, Inc. Regarding Unauthorized Switching of Services. (Staff Analyst: Jim Mehlhaff, Staff Attorney: Karen Cremer)
Complainant states that her long distance company sent her notice that it would cease to be her long distance provider on January 27, 2003, and advised the complainant to select a new provider. Complainant intentionally chose not to select a new provider and when long distance calls were made in March of 2003, they were routed as casual traffic through the Respondent's network. As a result, the complainant was billed for these calls and is now requesting $1000.00 pursuant to SDCL 49-31-93. On November 26, 2003, Budget Call Long Distance, Inc. filed a Motion to Dismiss.
TODAY, shall the Commission grant Budget's Motion to Dismiss?
3. CT03-155 In the Matter of the Complaint filed by John Reints, Rapid City, South Dakota, against Black Hills FiberCom, L.L.C. Regarding its Late Payment Charge. (Staff Analyst: Jim Mehlhaff, Staff Attorney: Kelly Frazier).
Complainant is disputing late fees charged on balances due that are less than the amount of the security deposit that the Respondent has required him to post. The Complainant is requesting that the Commission prevent the Respondent from charging its customers that are required to post security deposits late fees and to refund all of the late fees that have been collected. On November 24, 2003, Black Hills Corporation filed an Answer and Motion to Dismiss. The Complainant filed a Petition to Amend Complaint, to Ask Sanction of Counsel for Abusive Conduct; to Add Complaint of Additional Violation of Commission Rules; and to Seek Additional Damages. The Complainant filed corrected pages to his Petition to Amend on November 26, 2003. On December 1, 2003, the Complainant filed a Request for Postponement of Hearing to Permit Discovery, a Request for Additional Sanction of Counsel, and a Claim for Additional Damages. The Complainant filed a Response to FiberCom's Answer and Motion to Dismiss.
TODAY, shall the Commission grant Black Hills FiberCom's Motion to Dismiss? AND, shall the Commission grant Complainant's motions 1) to Amend to Seek Sanctions of Counsel for Abusive Conduct, Add Allegations of Violations of Commission Rules and Seek Additional Damages; 2) Motion for Postponement of Hearing to Permit Discovery and Claim for Additional Damages; and/or 3) Motion to Amend to Correct Typographical Errors?
1. TC03-177 In the Matter of the Application of MG LLC d/b/a SearsConnect for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)
On September 11, 2003, MG LLC d/b/a SearsConnect filed an application for a Certificate of Authority to provide interexchange telecommunications service in South Dakota. MG LLC d/b/a SearsConnect intends to provide resold interexchange service including, 1+ and 101XXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services, travel card service, and prepaid calling card service throughout South Dakota.
TODAY, shall the Commission approve the Certificate of Authority for MG LLC d/b/a SearsConnect?
2. TC03-180 In the Matter of the Application of Gold Line Telemanagement Inc. for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analyst: Keith Senger, Staff Attorney: Kelly Frazier)
On September 26, 2003, Gold Line Telemanagement Inc. filed an application seeking a Certificate of Authority to provide interexchange telecommunications services in South Dakota. The Applicant is a reseller which intends to offer interexchange services, including 1+ and 101XXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services, travel card services and prepaid calling card services.
TODAY, shall the Commission approve the Certificate of Authority for Gold Line Telemanagement, Inc.?
3. TC03-187 In the Matter of the Application of XO Network Services, Inc. for a Certificate of Authority to Provide Local Exchange Services in South Dakota. (Staff Analyst: Keith Senger, Staff Attorney: Kelly Frazier)
On October 16, 2003, XO Network Services, Inc. filed an application seeking a Certificate of Authority to provide local exchange telecommunications services in South Dakota. The Applicant is requesting authority to operate as a CLEC for the entire State of South Dakota, except in those areas serviced by a rural telephone company. The Applicant intends to provide a full array of local exchange services including, but not limited to, basic voice, exchange access, private line and data transmission services.
TODAY, shall the Commission grant the Certificate of Authority for XO Network Services, Inc.?
4. TC03-192 In the Matter of the Filing for Approval of an Interconnection Agreement between Midcontinent Communications and Interstate Telecommunications Cooperative, Inc. (Staff Attorney: Kelly Frazier)
On November 12, 2003, the Commission received a filing for approval of an interconnection agreement between Midcontinent Communications (Midcontinent) and Interstate Telecommunications Cooperative, Inc. (ITC). According to the filing, the Agreement is made in order to set forth the terms, conditions and prices under which the parties agree to provide interconnection and the exchange of local traffic within the "345" Webster, South Dakota exchange.
TODAY, shall the Commission approve the Interconnection Agreement?
5. TC03-193 In the Matter of the Filing by RCC Minnesota, Inc. and Wireless Alliance, L.L.C. d/b/a Unicel for Designation as an Eligible Telecommunications Carrier. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On November 18, 2003, RCC Minnesota, Inc. and Wireless Alliance, L.L.C. d/b/a Unicel (collectively, Rural Cellular) filed a petition to be designated as an eligible telecommunications carrier (ETC) for purposes of qualifying to obtain federal universal service support in the areas of certain non-rural and rural telephone companies. RCC Minnesota, Inc. is authorized by the Federal Communications Commission (FCC) as the Cellular Radiotelephone Service provider in the South Dakota Rural Service Area 4 - Marshall, South Dakota. Wireless Alliance, L.L.C. is authorized by the FCC as the Personal Communications Service carrier in the partitioned area of the Minneapolis-St. Paul MTA012 which encompasses Minnehaha and Lincoln Counties, South Dakota, in the Sioux Falls Basic Trading Area (BTA 422). Rural Cellular also requests the Commission to redefine the following Rural LEC Service Areas: Alliance Communications Cooperative, Interstate Telecommunications Cooperative, Inc., James Valley Cooperative Telephone Company, PrairieWave Community Telephone, Inc., and Sioux Valley Telephone Company. On December 4, 2003, Petitions to Intervene were filed by James Valley Cooperative Telephone, Union Telephone Company, Stockholm-Strandburg Telephone Company, Venture Communications Cooperative, and Interstate Telecommunications Cooperative. Sioux Valley Telephone Company, PrairieWave Communications, South Dakota Telecommunications Association, Roberts County Telephone Cooperative Association, RC Communications, Inc., and Alliance Communications Cooperative, Inc. each filed Petitions to Intervene on December 5, 2003.
TODAY, shall the Commission grant intervention to any parties that may have filed?
1. The next regularly scheduled Commission meeting will be held January 6, 2004, at 1:30 p.m., in Room 464, at Pierre, South Dakota.
2. The PUC offices will be closed December 25, 2003 for Christmas.
3. Commission meetings are scheduled for January 20 and February 17, 2004.
4. Commissioners will be attending the MARC Commissioner Retreat in San Antonio, TX January 7 - 10, 2004.
5. The PUC offices will be closed January 19, 2004, in observance of Martin Luther King Jr.'s birthday.
Heather K. Forney
Deputy Executive Director
December 10, 2003