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South Dakota Public Utilities Commission Meeting
Tuesday, December 14, 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 December 13, 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
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff)
Complainant alleges that MidAmerican Energy (MidAmerican) was negligent by not taking a carbon monoxide reading before turning the gas off to his house and red-tagging his furnace. Complainant is requesting that MidAmerican reimburse him for the cost of a new furnace, labor, and two electric heaters. On July 27, 2004, MidAmerican filed a Motion to Dismiss. The Commission denied MidAmerican's Motion to Dismiss a August 17, 2004, meeting. An Order for and Notice of Hearing was issued on August 26, 2004, setting a hearing date of October 26, 2004. MidAmerican filed an Answer and Supplemental Motion to Dismiss on September 27, 2004. Mr. Larson amended his complaint on October 19, 2004.
TODAY, shall the Commission Grant MidAmerican's Motion to Dismiss?
On October 29, 2003, the Commission received a complaint filed by Black Hills FiberCom, L.L.C. (FiberCom) against Qwest Corporation (Qwest) regarding intrastate switched access charges applied to ISP-Bound calls. According to the Complainant's representative, Qwest is taking the position that under its intrastate tariff it may charge FiberCom intercarrier switched access charges when a FiberCom customer initiates a call to a Qwest served ISP which is within FiberCom's local calling area, but is between Qwest's local exchanges. The Complainant disagrees and is requesting a Commission's determination of whether such charges are appropriate. On January 14, 2004, the parties requested that the Commission issue an Order For And Notice Of Procedural Schedule And Hearing based on a Stipulated Agreement between the parties. On January 20, 2004, the Commission voted unanimously to issue an Order Approving Stipulated Agreement to Scheduling Order. FiberCom has requested that the Commission establish a date for filing and arguing motions relating to the subject matter jurisdiction of the Commission over FiberCom's complaint. On April 27, 2004, a contested case hearing was held on the Complaint. Post-hearing briefs have been filed by all parties. On July 29, 2004, Qwest filed a Motion to Permit Post-Hearing Affidavit to permit the admission into the record of the Affidavit of Linda Downey. On August 10, 2004, FiberCom filed a Response to Motion to Permit Post-Hearing Affidavit
TODAY, how shall the Commission rule on the Complaint? AND, how shall the Commission rule on the Counterclaim? AND, How shall the Commission rule on Qwest's Motion to Dismiss for Lack of Subject Matter Jurisdiction?
Electric
On October 7, 2004, Xcel Energy submitted for Commission approval revised rate sheets for the Occasional Delivery Energy Service and Time of Delivery Energy Service. The tariffs are consistent with those the Commission approved in its January 3, 2003 order, Docket EL02-021.
TODAY, shall the Commission Approve the Revised Rate Sheets?
On November 18, 2004, Sioux Valley Energy filed for Commission approval a Service Territory Exchange Agreement between Northern States Power Company, d/b/a Xcel Energy, Inc. (Xcel Energy) and Sioux Valley-Southwestern Electric Cooperative, Inc. d/b/a Sioux Valley Energy (SVE). SVE agrees to transfer to Xcel Energy eleven lots presently residing north of the territory boundary line in the Canterbury Heights Addition within the city of Sioux Falls within the SE 1/4 of Section 12 of Township 101N, Range 49W within Minnehaha County, South Dakota. Xcel Energy agrees to transfer to SVE twelve lots presently residing south of the territory boundary line previously described. The agreement seeks the modification to existing service territories to allow each party to better serve present and future customers within the modified territories.
TODAY, shall the Commission Approve the Territory Boundary Change?
Application by MidAmerican Energy Company to revise its customer bill format by rearranging information, creating a "Message Center" area on the bill containing information and technical terms and deleting the definitions currently on the back of the bill, and other changes. The changes are the result of customer inquiries and feedback and customer focus groups.
TODAY, shall the Commission Approve the Tariff Revisions?
Natural Gas and Electric
Application by MidAmerican Energy Company to revise its customer information pamphlets given to new customers to reflect rate changes resulting from the recent rate case Docket NG04-001, the recently approved Interruptible Gas Rate Plan approved in Docket NG04-003, and updated information regarding MidAmerican's Purchased Gas Adjustment and Energy Cost Adjustment sections of the pamphlets.
TODAY, shall the Commission Approve the Revised Information Pamphlets?
Natural Gas
Application by MidAmerican Energy Company to eliminate maximum volumetric limits for participation in the Monthly Metered Transportation Gas Pilot Project. MidAmerican has become aware of several schools which wish to participate in the project but whose usage exceeds the current limits. With this change, these larger schools would be able to participate.
TODAY, shall the Commission Approve the Tariff Revisions?
Application by MidAmerican Energy Company to revise its customer bill format by rearranging information, creating a "Message Center" area on the bill containing information and technical terms and deleting the definitions currently on the back of the bill, and other changes. The changes are the result of customer inquiries and feedback and customer focus groups.
TODAY, shall the Commission Approve the Tariff Revisions?
Telecommunications
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. All intervening parties in this proceeding, including the South Dakota Telecommunications Association and also each of the South Dakota rural local exchange carriers whose rural service areas are affected by the Commission's Designation Order: Golden West Telecommunications Cooperative, Inc., Vivian Telephone Company, James Valley Cooperative Telephone Company, Venture Communications Cooperative, Inc., and Tri-County Telcom, Inc. filed an Answer to Petition for Reconsideration and Clarification on October 20, 2004. An Objection of James Valley Telecommunications Company to Petition for Reconsideration and Clarification by WWC License, LLC was filed on October 20, 2004.
TODAY, shall the Commission grant the Petition of WWC License, LLC d/b/a CellularOne for Reconsideration and Clarification?
On May 28, 2004, PrairieWave Community Telephone, Inc., Irene, South Dakota, filed a switched access cost study pursuant to the rules established by the Commission.
TODAY, shall the Commission Approve the Switched Access Rate for PrairieWave Community Telephone, Inc.?
3. In the Matter of Approving Agreements in TC04-217, TC04-218, TC04-219, TC04-220, TC04-221, TC04-224.
On November 8, 2004, the Commission received a filing for the approval of a Reciprocal Interconnection, Transport and Termination Agreement between Splitrock Properties, Inc. and WWC License LLC. According to the parties, the "Agreement sets forth the terms, conditions and prices under which (a) the Parties' agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider. This Agreement is not intended to establish any terms, conditions, or pricing applicable to the provisioning of any transiting service."
On November 8, 2004, the Commission received a filing for the approval of a Reciprocal Interconnection, Transport and Termination Agreement between Roberts County Telephone Cooperative Association and WWC License LLC. According to the parties, the "Agreement sets forth the terms, conditions and prices under which (a) the Parties' agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider. This Agreement is not intended to establish any terms, conditions, or pricing applicable to the provisioning of any transiting service."
On November 8, 2004, the Commission received a filing for the approval of a Reciprocal Interconnection, Transport and Termination Agreement between RC Communications, Inc. and WWC License LLC. According to the parties, the "Agreement sets forth the terms, conditions and prices under which (a) the Parties' agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider. This Agreement is not intended to establish any terms, conditions, or pricing applicable to the provisioning of any transiting service."
On November 8, 2004, the Commission received a filing for the approval of a Triennial Review Order and USTA II Decision Amendment to the Interconnection Agreement between Qwest Corporation and PrairieWave Telecommunications, Inc. According to the parties, the amendment is made in order to change or add terms and conditions for certain Unbundled Network Elements.
On November 9, 2004, the Commission received a filing for the approval of a Reciprocal Interconnection, Transport and Termination Agreement between Northern Valley Communications, LLC and Verizon Wireless. According to the parties, the "Agreement sets forth the terms, conditions and prices under which (a) the Parties' agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider. This Agreement is not intended to establish any terms, conditions, or pricing applicable to the provisioning of any transiting service."
On November 12, 2004, the Commission received a filing for the approval of an Interconnection Agreement between Midcontinent Communications and Interstate Telecommunications Cooperative, Inc. for Waubay, South Dakota. According to the parties, the Agreement "sets forth the terms, conditions and prices under which the parties agree to provide interconnection and exchange of local traffic over wireline networks within the '947' Waubay, South Dakota exchange."
TODAY, shall the Commission Approve the Agreements?
4. In the Matter of Petitions for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended in Dockets TC04-038, TC04-044, TC04-045, TC04-046, TC04-047, TC04-048, TC04-049, TC04-050, TC04-052, TC04-054, TC04-055, TC04-056, TC04-060, and TC04-061.
On February 25, 2004, Santel Communications Cooperative (Santel) filed a petition requesting the Commission to grant a suspension to Santel from porting numbers, wireline-to-wireless, as may be requested by Commercial Mobile Radio Services (CMRS). Western Wireless filed a Petition to Intervene on March 8, 2004. Midcontinent Communications and the South Dakota Telecommunications Association filed Petitions to Intervene on March 11, 2004. Santel filed an Application to Amend Petition on March 15, 2004, for the purpose of adding the section 20:10:32:39 requirements and to further amend the Petition to add updated cost data. The Commission granted intervention to Western Wireless, Midcontinent Communications and the South Dakota Telecommunications Association a March 23, 2004, meeting. A April 6, 2004, meeting the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. Santel filed an Answer to Petition for Reconsideration on November 22, 2004.
On March 9, 2004, Sioux Valley Telephone Company (Sioux Valley) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Sioux Valley, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless, Midwest Wireless Holdings L.L.C. d/b/a Midwest Wireless and Western Wireless Corporation d/b/a CellularOne. Sioux Valley states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Sioux Valley may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Sioux Valley "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Sioux Valley to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Sioux Valley's obligation to implement LNP until conditions are met as described herein; and (3) grant Sioux Valley such other and further relief that may be proper." On March 17, 2004, Midcontinent Communications filed a Petition to Intervene. A Petition to Intervene by Western Wireless was filed on March 19, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 26, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. Sioux Valley filed an Opposition to the Petition to Reconsider Final Decision and Order on November 23, 2004.
On March 9, 2004, Golden West Telecommunications Cooperative, Inc., Vivian Telephone Company, and Kadoka Telephone Company (Petitioner) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Petitioner, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless, NE Colorado Cellular, Inc. d/b/a Viaero, and Western Wireless Corporation d/b/a CellularOne. Petitioner states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Petitioner may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Petitioner "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Petitioner to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Petitioner's obligation to implement LNP until conditions are met as described herein; and (3) grant Petitioner such other and further relief that may be proper." A Petition to Intervene by Western Wireless was filed on March 19, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 26, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. Petitioner filed an Opposition to the Petition to Reconsider Final Decision and Order on November 22, 2004.
On March 9, 2004, Armour Independent Telephone Company, Bridgewater-Canistota Independent Telephone Company, and Union Telephone Company (Petitioner) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Petitioner, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless and Western Wireless Corporation d/b/a CellularOne. Petitioner states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Petitioner may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Petitioner "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Petitioner to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Petitioner's obligation to implement LNP until conditions are met as described herein; and (3) grant Petitioner such other and further relief that may be proper." A Petition to Intervene by Western Wireless was filed on March 19, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 26, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. Petitioner filed an Opposition to the Petition to Reconsider Final Decision and Order on November 22, 2004.
On March 11, 2004, Brookings Municipal Utilities d/b/a Swiftel Communications (Swiftel) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Swiftel, it has received requests to deploy LNP from Verizon Wireless and Western Wireless. Swiftel states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Swiftel may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Swiftel "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Swiftel to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Swiftel's obligation to implement LNP until conditions are met as described herein; and (3) grant Swiftel such other and further relief that may be proper." WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. Swiftel filed an Opposition to the Petition to Reconsider Final Decision and Order on November 22, 2004.
On March 11, 2004, Beresford Municipal Telephone Company (Beresford) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Beresford, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless and Western Wireless Corporation d/b/a CellularOne. Beresford states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Beresford may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Beresford "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Beresford to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Beresford's obligation to implement LNP until conditions are met as described herein; and (3) grant Beresford such other and further relief that may be proper." WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. Beresford filed an Opposition to the Petition to Reconsider Final Decision and Order on November 23, 2004.
On March 11, 2004, McCook Cooperative Telephone Company (McCook) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to McCook, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless and Western Wireless Corporation d/b/a CellularOne. McCook states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) McCook may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. McCook "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for McCook to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for McCook's obligation to implement LNP until conditions are met as described herein; and (3) grant McCook such other and further relief that may be proper." WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. McCook filed an Opposition to the Petition to Reconsider Final Decision and Order on November 23, 2004.
On March 11, 2004, Valley Telecommunications Cooperative Association, Inc. (Valley) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Valley, it has received requests to deploy LNP from Western Wireless Corporation d/b/a CellularOne. Valley states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Valley may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Valley "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Valley to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Valley's obligation to implement LNP until conditions are met as described herein; and (3) grant Valley such other and further relief that may be proper." On March 24, 2004, Midcontinent Communications filed a Petition to Intervene. WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. Valley filed an Opposition to the Petition to Reconsider Final Decision and Order on November 23, 2004.
On March 12, 2004, Midstate Communications, Inc. (Midstate) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Midstate, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless and Western Wireless Corporation d/b/a CellularOne. Midstate states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Midstate may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Midstate "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Midstate to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Midstate's obligation to implement LNP until conditions are met as described herein; and (3) grant Midstate such other and further relief that may be proper." WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Western Wireless and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. Midstate filed an Opposition to the Petition to Reconsider Final Decision and Order on November 23, 2004.
On March 15, 2004, Interstate Telecommunications Cooperative (ITC) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to ITC, it has received requests to deploy LNP from Midcontinent Communications and Western Wireless Corporation d/b/a CellularOne. ITC states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) ITC may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. ITC "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for ITC to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for ITC's obligation to implement LNP until conditions are met as described herein; and (3) grant ITC such other and further relief that may be proper." On March 24, 2004, Midcontinent Communications filed a Petition to Intervene. WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. ITC filed an Opposition to the Petition to Reconsider Final Decision and Order on November 23, 2004.
On March 15, 2004, Alliance Communications Cooperative, Inc. and Splitrock Properties, Inc. (Petitioner) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Petitioner, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless, Western Wireless Corporation d/b/a CellularOne and Midwest Wireless Holdings L.L.C. d/b/a Midwest Wireless. Petitioner states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Petitioner may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Petitioner "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Petitioner to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Petitioner's obligation to implement LNP until conditions are met as described herein; and (3) grant Petitioner such other and further relief that may be proper." On March 24, 2004, Midcontinent Communications filed a Petition to Intervene. WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. Petitioner filed an Opposition to the Petition to Reconsider Final Decision and Order on November 22, 2004.
On March 15, 2004, RC Communications, Inc. and Roberts County Telephone Cooperative Assn. (Petitioner) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Petitioner, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless and Western Wireless Corporation d/b/a CellularOne. Petitioner states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Petitioner may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Petitioner "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Petitioner to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Petitioner's obligation to implement LNP until conditions are met as described herein; and (3) grant Petitioner such other and further relief that may be proper." On March 24, 2004, Midcontinent Communications filed a Petition to Intervene. WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. Petitioner filed an Opposition to the Petition to Reconsider Final Decision and Order on November 23, 2004.
On March 17, 2004, Venture Communications Cooperative, Inc. (Venture) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Venture, it has received requests to deploy LNP from Verizon Wireless and Western Wireless. Venture states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Venture may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Venture "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Venture to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Venture's obligation to implement LNP until conditions are met as described herein; and (3) grant Venture such other and further relief that may be proper." On March 24, 2004, Midcontinent Communications filed a Petition to Intervene. WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. Venture filed an Opposition to the Petition to Reconsider Final Decision and Order on November 23, 2004.
On March 17, 2004, West River Cooperative Telephone Company (West River) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to West River, it has received requests to deploy LNP from Verizon Wireless. West River states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) West River may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. West River "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for West River to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for West River's obligation to implement LNP until conditions are met as described herein; and (3) grant West River such other and further relief that may be proper." On March 24, 2004, Midcontinent Communications filed a Petition to Intervene. WWC License LLC filed a Petition to Intervene on March 30, 2004. WWC License LLC filed a Petition to Intervene on March 30, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on March 31, 2004. The Commission granted intervention to Midcontinent Communications, Western Wireless, and the SDTA a April 6, 2004, meeting. In addition, the Commission granted an interim suspension of the Company's obligation to implement LNP pending a final decision. On September 22, 2004, the Commission voted unanimously to suspend intramodal LNP obligations for the Company until December 31, 2005. On November 1, 2004, Western Wireless filed a Petition to Reconsider Final Decision and Order and Brief in Support of Petition to Reconsider Final Decision and Order. West River filed an Opposition to the Petition to Reconsider Final Decision and Order on November 23, 2004.
TODAY, shall the Commission Grant the Western Wireless Petitions to Reconsider Final Decision and Order?
On November 9, 2004, DakotaComm, LLC filed a petition for Commission approval to be exempt from developing company specific intrastate switched access rates. The petition states that DakotaComm is a new CLEC in South Dakota and it lacks the necessary financial, technical, and managerial resources needed to determine company-specific cost-based intrastate switched access rates. It has requested to opt into the Local Exchange Carriers Association rates filed with the Commission.
TODAY, shall the Commission Approve the Intrastate Switched Access Tariff and Exemption from Developing Company Specific Cost-Based Switched Access Rates for DakotaComm, LLC?
Nationwide Professional Teleservices, LLC is seeking a Certificate of Authority to provide interexchange telecommunications services in South Dakota. The Applicant intends to resell long distance services to residential customers throughout South Dakota. The Applicant will provide unlimited intrastate and interstate toll calls for a flat rate of $39.95 per month. The Applicant requested a withdrawal of their application on December 8, 2004.
TODAY, shall the Commission Grant the Withdrawal and Close the Docket?
Announcements
1. The next regularly scheduled Commission meeting will be held December 28, 2004, at 9:30 a.m. in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for January 25 and February 8, 2005.
3. Please join the Commission in wishing Commissioner Jim Burg a fond farewell at an Open House December 16, 2004, from 2:00 p.m. to 4:00 p.m. in the PUC offices.
4. The PUC offices will be closed December 24, 2004, in observance of Christmas.
5. A hearing for dockets TC04-226 to TC04-251 will be held December 28, 2004, at 1:30 p.m. in Room 412 of the Capitol Building.
6. The PUC offices will be closed December 31, 2004, in observance of New Years.
______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
December 9, 2004
