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South Dakota Public Utilities Commission Meeting
November 25, 2008, at 9:30 A.M.
Room 423, 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. on November 24, 2008.  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 Web site and click on the LIVE button on the home page. The Commission requests that 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 Web site under the Commission Actions tab and then click on the LISTEN button on the page.

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.


Consumer Complaints

1.      CT08-007        In the Matter of the Complaint filed by Keller Electric, Pierre, South Dakota, against Nationwide Long Distance Service Regarding Unauthorized Switching of Services. (Staff Analyst: Deb Gregg, Staff Attorney: Kara Semmler)
         Complaint by Keller Electric against Nationwide Long Distance Service regarding the unauthorized long distance charges billed to it. The Complainant contends Nationwide Long Distance charged it for services it neither ordered nor authorized. The Complainant requests corrective action as authorized according to South Dakota statutes. The Parties have reached a settlement.

         TODAY, shall the Commission Dismiss the Complaint and Close the Docket?


1.      TC08-127        In the Matter of the Application of Qwest Corporation to Modify the Jurisdictional Report Requirements in Section 2 by Establishing a Percent Interstate Usage (PIU) Floor for Unidentified Feature Group D (FGD) Terminating Traffic. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

         On October 31, 2008, Qwest filed a request to modify the Jurisdictional Report Requirements in Section 2, by establishing a Percent Interstate Usage (PIU) floor for unidentified Feature Group D (FGD) terminating traffic.  Terminating FGD traffic that does not contain sufficient call detail to identify the jurisdiction (unidentified traffic) will be assigned jurisdiction as follows:

• The first 5% of unidentified terminating traffic will continue to be jurisdictionally assigned based on the carrier's PIU report or, if the carrier has not filed a PIU report, a PIU of 50 (50% interstate – 50% intrastate) will be assigned per the current terms in Section 2.3.10.B.2.c.

• Unidentified traffic in excess of the 5% floor will be designated intrastate traffic and charged at Qwest's current South Dakota rates.

         There is no change to currently effective rates. Notification has been sent to customers. Qwest is requesting that the proposed tariff revisions become effective on December 1, 2008.  On November 21, 2008, AT&T Communications of the Midwest, Inc. filed a Petition for Intervention and a Request to Suspend Qwest's proposed revisions to Tariff Section 2 pending a hearing on the matter. MCI Communications Services, Inc. d/b/a Verizon Business Services, the Local Exchange Carriers Association, and Level 3 Communications, LLC filed Petitions for Intervention on November 21, 2008.

      TODAY, shall the Commission Grant Intervention to Any Parties that May have Filed? AND, shall the Commission Suspend the Proposed Tariff Revisions Pursuant to SDCL 49-31-12.4?


/S/Heather K. Forney_______
Heather K. Forney
Deputy Executive Director
November 24, 2008