Consumer Assistance | Energy | Telecom | Warehouse | Commission Actions | Miscellaneous

arrow Commission Agendas | previous page


South Dakota Public Utilities Commission
Meeting March 27, 2012, at 9:30 A.M. CDT
Room 413, Capitol Building
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. CDT on Monday, March 26, 2012. Lines are limited and are given out on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in the Commission Meeting and a line is not available, you may have to appear in person.

NOTE: To listen to the Commission Meeting live please go to the PUC's website www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear. The Commission meetings are archived on the PUC's website under the Commission Actions tab, Click on "Commission Meeting Archives," to access the recordings.

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 OF COMMISSION MEETING

Telecommunications

1.     TC12-016     In the Matter of the Complaint and request for Declaratory Ruling filed by Midcontinent Communications Against PaeTec Communications, Inc. and McLeodUSA Telecommunications Services, L.L.C. regarding the Delivery of Telecommunications Traffic and Payment for such Traffic (Staff Analyst: Chris Daugaard, Staff Attorney: Kara Semmler)

On January 12, 2012, the Commission received a complaint from Midcontinent Communications against PaeTec Communications, Inc. The Complaint addresses PaeTec activity that allegedly disguises the true origination point or jurisdiction of traffic or delays or prevents the delivery or termination of toll traffic to Midcontinent end users. Additionally, the filing requests a declaratory ruling from the Commission regarding the alleged activity and whether it is a violation of SDCL 49-31-111, 49-31-10 and 49-31-11. On February 1, 2012, South Dakota Telecommunications Association requested intervention. On February 3, 2012, the Local Exchange Carrier's Association requested intervention. On February 8, 2012, the Complainant amended its complaint to include McLeodUSA Telecommunications Services, LLC as a party.  On March 21, 2012, Midcontinent Communications and McLeodUSA Telecommunications Services, LLC., and PAETEC Communications, Inc. submitted a Joint Motion to Dismiss with Prejudice Complainant's Amended Complaint and Request for Declaratory Order, and Withdrawal with Prejudice of Respondent's Motion to Dismiss and/or Clarification of Commission's jurisdiction.

     TODAY, shall the Commission grant the Motion to Dismiss with Prejudice and close the docket?

2.     TC12-027     In the Matter of the Joint Application of the South Dakota Telecommunications Association, the Local Exchange Carriers Association and Qwest Corporation dba CenturyLink QC for Waiver of ARSD ยงยง 20:10:29:10, 20:10:29:12 and 20:10:29:16 (Staff Analyst: Chris Daugaard, Staff Attorney: Karen Cremer)

On March 2, 2012, the Commission received a joint application by the South Dakota Telecommunications Association, the Local Exchange Carriers Association, and Qwest Corporation dba CenturyLink QC requesting waiver or suspension of ARSD ยงยง 20:10:29:10, 20:10:29:12 and 20:10:29:16. The applicants state that these rules govern the establishment of intrastate switched access charges and a waiver/suspension is requested from the provisions in each rule indicating that local exchange carriers should tariff equal rates for originating and terminating traffic. On March 23, 2012, the Commission received a Petition to Intervene from AT&T Communications of the Midwest, Inc.

     TODAY, shall the Commission grant Intervention to all parties that have filed?


/S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
March 23, 2012