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South Dakota Public Utilities Commission Meeting
Tuesday, October 26, 2004 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 October 25, 2004.
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 October 12, 2004 and the Ad Hoc Meeting Held on September 30, 2004. (Staff: Tina Douglas.)
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff)
2. CT04-001 In the Matter of the Complaint filed by Chris Haugo on behalf of Haugo Broadcasting, Rapid City, South Dakota, against McLeodUSA Telecommunications Services, Inc. Regarding Unauthorized Billing. (Staff Analyst: Jim Mehlhaff, Staff Attorney: Karen Cremer)
Complainant states that the respondent charged and was paid a fee of $4.21 per line per month on four lines that had been removed from service in December of 1998. Complainant seeks a full refund of all charges paid on the lines after they were removed from service plus interest.
TODAY, if the above matter is resolved, shall the Commission Dismiss the Complaint and Close the Docket?
Application by Otter Tail Power Company (Otter Tail) for approval to revise its tariffed Summary List of Contracts with Deviations. The existing contract with the City of Bruce will expire on November 1, 2004. Otter Tail states the new agreement does not contain any deviations from Otter Tail's currently filed tariff and therefore requests that reference to a contract with the City of Bruce be removed from the Summary List of Contracts with Deviations.
TODAY, shall the Commission Approve the Tariff Revisions?
1. TC03-191 In the Matter of the Filing by WWC License, LLC d/b/a CellularOne for Designation as an Eligible Telecommunications Carrier in Other Rural Areas. (Staff Analyst: Harlan Best, Staff Attorney: John Smith)
On November 5, 2003, WWC Holding Co., Inc., d/b/a CellularOne (Western Wireless) filed a petition to be designated as an eligible telecommunications carrier (ETC) for purposes of qualifying to obtain federal universal service support in the study areas of certain rural telephone companies. This petition seeks an order immediately designating Western Wireless as an ETC in the study areas of the following rural telephone companies: Golden West Telephone Communications Inc., James Valley Cooperative Telephone Company, Splitrock Properties Inc., Sully Buttes Telephone Cooperative Inc., Tri-County Telcom Inc., Vivian Telephone Co., West River Telecommunications Coop (Mobridge) SD, and West River Telecommunications Cooperative - SD. On November 21, 2003, James Valley Coop Telephone, SDTA, Golden West Telecommunications Cooperative, Alliance Communications Cooperative, Inc., and Splitrock Properties, Inc., Vivian Telephone Company, Venture Communications Cooperative, Tri-County Telcom, Inc., and West River Telecommunications Cooperative (Hazen, ND) filed for intervention. The Commission granted intervention to all parties that filed a December 2, 2003, meeting. On January 2, 2004, WWC filed a Motion to Amend Petition. The Commission granted WWC's Motion to Amend Petition a regularly scheduled meeting on January 20, 2004. An Order For and Notice of Procedural Schedule and Hearing was issued on February 13, 2004. On March 5, 2004, the Intervenors filed a Motion to Compel Discovery and a Motion to Expand Procedural Schedule. Alliance Communications Cooperative, Inc. and Splitrock Properties, Inc. filed a Motion to Withdraw Petition to Intervene on March 11, 2004. The Commission granted the Intervenors Motion to Expand Procedural Schedule at an Ad Hoc meeting on March 15, 2004. The Commission granted in part and denied in part Intervenors Motion to Compel Discovery and granted Alliance and Splitrock's Motion to withdraw at the regularly scheduled meeting on March 23, 2004. West River Telecommunications Cooperative filed a Motion to Withdraw Petition on March 22, 2004. The Commission granted West River's Motion to Withdraw a April 6, 2004, meeting. A hearing was held in this matter May 4 - 6, 2004. The Commission voted to designate Western Wireless as an ETC a August 17, 2004, meeting. On September 30, 2004, Western Wireless filed a Petition for Reconsideration and Clarification
TODAY, shall the Commission grant the Petition of WWC License, LLC d/b/a CellularOne for Reconsideration and Clarification?
2. TC04-110 In the Matter of the Filing by Qwest Corporation of its Notice of Modification to the Statement of Generally Available Terms and Conditions (SGAT) Exhibit B, Notice of Qwest's Changes to its Performance Assurance Plan and Motion for Tier Designation, Volume Differentiated Benchmark and Measurement Stabilization Period for the Revised PID PO-20. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On June 24, 2004, Qwest Corporation filed an updated Exhibit B to the Statement of Generally Available Terms and Conditions, which is the Performance Indicator Definitions, and a revised Performance Assurance Plan (PAP) to reflect changes from the Long Term PID Administration discussions as well as request determination regarding the tier designation, volume-differentiated benchmark, and measurement stabilization period related to the revised PID, PO-20 (Expanded) Manual Service Order Entry. Qwest Corporation requests that the Commission approve the PAP, as revised and modified, designate a tier for PO-20, establish a low-volume differentiated benchmark for PO-20, and allow PO-20 a measurement stabilization for no more than three months with the implementation of each phase, meaning that Qwest will make any required payments for PO-20 on the prior phase, but under Exhibit B-1 for Phase 1 implementation, until the expiration of the measurement stabilization period. Qwest requests that the Commission permit the amended Exhibit B to go into effect no later than 60 days after submission in accordance with 47 U.S.C. Section 252(f)(3) and, further, upon determination of the issues outlined above and upon a compliance filing by Qwest removing Exhibit B-1, supersede Exhibit B-1. In the interim, Qwest will report on the expanded PO-20 contained in Exhibit B; Qwest will also report and make payments on the existing PO-20 contained in Exhibit B-1 until such time as the Commission determines the appropriate tier designation, measurement stabilization period and whether a low volume differentiated benchmark should apply. Further, Qwest requests that, pursuant to Section 16 of PAP, the changes shall automatically apply to all existing interconnection agreements that currently contain Exhibit B and the PAP, Exhibit K as exhibits.
TODAY, shall the Commission Approve the PAP, as Revised and Modified, Designate a Tier for PO-20, Establish a Low-Volume Differentiated Benchmark for PO-20, and Allow P0-20 a Measurement Stabilization for No More than Three Months with the Implementation of Each Phase?
On August 2, 2004, the Commission received a filing for approval of an Elimination of UNE-P and Implementation of Batch Hot Cut Process and Discounts Amendment (Discounts Amendment) between Qwest Corporation (Qwest) and MCImetro Access Transmission Services, LLC (MCImetro). In addition, the Commission received a "Master Services Agreement," which attached as Exhibit 1 the "Qwest Platform PlusTM Service," which together are referred to as the "QPPTM Agreement." The QPP agreement was also entered into between Qwest and MCImetro. The Discounts Amendment and QPP Agreement were both submitted by MCImetro. However, Qwest had already submitted the Discounts Amendment and that is docketed as TC04-135. Qwest had also submitted the QPP Agreement but for informational purposes only. Based on this informational filing, the Commission did not docket the QPP Agreement but instead requested comments on whether the QPP Agreement should be submitted for approval. Since MCImetro has now submitted the QPP Agreement for filing, the Commission will accept comments on that Agreement in this docket. The Commission will accept comments on the Discounts Amendment in Docket TC04-135. Therefore, any party wishing to comment on the QPP Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than August 23, 2004. Parties to the QPP Agreement may file written responses to the comments no later than twenty days after the service of the initial comments. On August 17, 2004, Qwest filed a Motion to Dismiss filing for Approval of Negotiated Commercial Agreement.
TODAY, shall the Commission Grant Qwest's Motion to Dismiss? IF NOT, shall the Commission Approve the Agreement?
4. TC04-199 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement Between Qwest Corporation and DIECA Communications, Inc. D/B/A Covad Communications Company (Staff Attorney: Sara Harens)
On September 17, 2004, the Commission received a filing for approval of an Expedites for Design Services Amendment to the Interconnection Agreement between Qwest Corporation and DIECA Communications, Inc., d/b/a Covad Communications Company. The parties state that the amendment adds terms, conditions, and rates for Expedites For Design Services.
TODAY, shall the Commission Approve the Amendment to the Agreement?
5. TC04-201 In the Matter of the Filing by Qwest Corporation of its Notice of Deletion of Exhibit B-1 and Modifications to Exhibit B of its Statement of Generally Available Terms and Conditions (SGAT) and Motion to Modify the Qwest Performance Assurance Plan Found in Exhibit K of its SGAT. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On September 16, 2004, Qwest Corporation (Qwest) submitted an updated Exhibit B to the Statement of Generally Available Terms and Conditions (SGAT) comprising Version 8.0, which is the Performance Indicator Definitions. Qwest requests that Exhibit B-1 be deleted from the SGAT. Qwest also submitted its revised Qwest Performance Assurance Plan (QPAP) found in Exhibit K of the SGAT for modifications to reflect changes from the June 24, 2004, filing of an updated Exhibit B that took effect pursuant to 47 U.S.C. Section 252(f)(3) sixty days later. Qwest requests that the Commission approve Exhibit B and QPAP, as revised and modified, designate PO-20 as Tier 1 Medium without a Tier 2 assignment, establish a low-volume-differentiated benchmark for PO-20, and allow PO-20 a measurement stabilization for no more than three months with the implementation of each phase. Qwest requests that the Commission approve the modifications and permit the amended Exhibit B to go into effect on October 1, 2004, but in any event pursuant to 47 U.S.C. Section 252(f)(3) no later than 60 days after submission. Further, Qwest requests, pursuant to Section 16 of the QPAP, that the changes automatically apply to all existing interconnection agreements that contain Exhibit B, Exhibit B-1 and the QPAP, Exhibit K as exhibits.
TODAY, shall the Commission Approve the Amendments to Exhibit B and the QPAP?
On September 20, 2004, the Commission received a filing for approval of a Triennial Review Order and USTA II Decision Amendment to the Interconnection Agreement between Qwest Corporation and Sancom Inc. d/b/a/ Mitchell Telecom. The parties state that the amendment changes or adds terms, conditions, and rates for certain network elements.
TODAY, shall the Commission Approve the Amendment to the Agreement?
7. TC04-205 In the Matter of the Filing by Hills Telephone Company, Inc. for Approval of its Intrastate Switched Access Tariff and for an Exemption from Developing Company Specific Cost-Based Switched Access Rates. (Staff Analyst: Keith Senger, Staff Attorneys: Karen Cremer/Sara Harens)
On September 27, 2004, Hills Telephone Company, Inc. filed a petition asking for an ongoing exemption from developing company-specific cost-based switched access rates. The Applicant requests adopting rates based on a statewide average cost for telecommunications companies with under 100,000 access lines, in accordance with ARSD 20:10:27:12.
TODAY, shall the Commission Approve the Intrastate Switched Access Tariff and Grant an Ongoing Exemption from Developing Company-Specific Cost-Based Switched Access Rates?
1. The next regularly scheduled Commission meeting will be held November 1, 2004, at 1:30 p.m. in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for November 30 and December 14, 2004.
3. The PUC offices will be closed November 11, 2004 in observance of Veterans''' Day.
4. Commissioners and Staff will be attending the NARUC meetings in Nashville, TN November 13 - 18, 2004.
5. The PUC offices will be closed November 25 and 26, 2004, in observance of Thanksgiving.
Heather K. Forney
Deputy Executive Director
October 21, 2004