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South Dakota Public Utilities Commission Meeting
April 9, 2013, 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, April 8. 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 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.



1.     TC10-026     In the Matter of a Complaint Filed by Sprint Communications Company, LP Against Native American Telecom, LLC Regarding Telecommunications Services (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)

On May 4, 2010, the Commission received a complaint from Sprint Communications Company, LP (Sprint) against Native American Telecom, LLC (NAT), in which Sprint seeks: 1) a determination that the Public Utilities Commission (Commission) has the sole authority to regulate Sprint's intrastate interexchange services and that NAT lacks authority to bill Sprint for switched access services without a Certificate of Authority and valid tariff on file with the Commission; 2) a declaration that because the Commission has the sole authority over Sprint's intrastate interexchange services, the Crow Creek Sioux Tribe Utility Authority is without jurisdiction over Sprint; 3) a determination that NAT must repay Sprint the amounts it inadvertently paid NAT for unauthorized and illegal switched access charges. On April 11, 2012, On December 11, 2012, Sprint filed a Motion for Summary Judgment. On January 14, 2013, NAT filed its response to Sprint's motion. On February 1, 2013, ATT filed its Response in Support of Sprint. On February 4, 2013, SDN filed its response to Sprint's motion. On February 20, 2013, Sprint filed its Reply Memorandum. On April 3, 2013, Sprint filed a Notice of Supplemental Authority. On April 4, 2013, NAT filed a letter requesting a continuance of hearing regarding Sprint's Motion for Summary Judgment. On April 5, 2013, responses of NAT and Sprint, to Commission Staff, regarding the request for continuance were filed.

     TODAY, shall the Commission grant NAT's continuance of hearing request? OR, shall the Commission hear argument on Sprint's Motion for Summary Judgment?

/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
April 8, 2013