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South Dakota Public Utilities Commission
June 19, 2012, at 9:30 A.M. CST
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, June 18, 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.

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1.     TC12-065     In the Matter of the Joint Application of the OrbitCom, Inc., Knology of the Plains, Inc. and Knology of the Black Hills, LLC for Waiver of ARSD §§ 20:10:29:10, 20:10:29:12 and 20:10:29:16 (Staff Analyst: David Jacobson, Staff Attorney: Karen Cremer)

On May 29, 2012, the Commission received a joint application from OrbitCom, Inc., Knology of the Plains, Inc., and Knology of the Black Hills, LLC, requesting waiver or suspension of ARSD §§ 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 June 4, 2012, Midcontinent Communications (Midcontinent) filed a Petition to Intervene and to Join in Application of Waiver. On June 7, 2012, the Commission included MidContinent's request to intervene and join in the application in its weekly notice filing and also extended the intervention deadline in this docket to June 18, 2012. On June 13, 2012, AT&T Communications of the Midwest, Inc. filed a petition to intervene. The petition states, "AT&T asks for intervention status to initially seek a determination by the commission if CLECs in South Dakota require the specific waivers being sought in this docket." The petition further states, "In the event the commission determines that a waiver of the requirements found in ARSD 20:10:29 et. seq. is required for CLECs, AT&T in the alternative would ask it be granted a waiver for the reasons stated by OrbitCom, Knology and Midcontinent in their filings." 

     TODAY, shall the Commission grant Midcontinent's Petition to Intervene and join in the application for waiver? AND, shall the Commission suspend or waive the requirements identified in ARSD 20:10:29:10, 20:10:29:12, and 20:10:29:16? AND, shall the Commission grant AT&T's or any other party's petition to intervene? AND, shall the Commission make a determination as to whether CLEC's in South Dakota require the specific waivers being sought in this docket? AND, if the Commission decides waivers are required, shall the Commission grant AT&T's request for waiver of ARSD §§ 20:10:29:10, 20:10:29:12 and 20:10:29:16?

/S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
June 14, 2012