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South Dakota Public Utilities Commission Meeting
Thursday, January 2, 2003; 9:00 A.M.
State Capitol Building, Room 464
Pierre, South Dakota
MINUTES OF THE AD HOC MEETING
Chairman Jim Burg called the meeting to order. Also present were Commissioner Pam Nelson; Commissioner Bob Sahr; Executive Director Debra Elofson; Commission Advisor Greg Rislov; Commission Counsel John Smith; Commission Attorney Rolayne Ailts Wiest; Staff Attorney Karen Cremer; Staff Analysts Harlan Best, Heather Forney, Keith Senger, Michele Farris and Mary Healy; and Administrative Secretary Tina Douglas.
Also present were Talbot Wieczorek, Gunderson, Paul, Goodsell, and Nelson; Richard Coit, SD Telecommunications Association; Mark Ayotte, Briggs and Morgan; Rae Ann Kelsch, Western Wireless; Dick Gregerson, Woods, Fuller, Shultz, and Smith; and Steven Weigler, AT&T.
Joining the meeting by telephone were Joe Schuele, Martin Group; and Meredith Moore, Cutler and Donahoe.
Mark Ayotte, representing Western Wireless Corporation, explained that the Commission should designate GCC as an ETC in the rural telephone exchanges listed in the Stipulation. Western Wireless (formerly known as GCC) has met all the requirements required by the Commission and therefore should be approved as an eligible telecommunications carrier. Richard Coit, representing SDTA, stated that Western Wireless will not be able to deliver on its Universal Service Offerings at an adequate level and the Commission may need to exercise continuing oversight to ensure that Western Wireless meets its commitments. Ms. Wiest stated that Western Wireless has complied with Commission filing requirements. Ms. Cremer stated that Staff's analysis demonstrates that Western Wireless has complied with the October 18, 2001, Order and therefore the Commission may grant ETC status for the rural areas requested by Western Wireless.
Chairman Burg moved that the Commission find that Western Wireless has complied with the conditions listed in the Order dated October 18, 2001. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
1. CT02-021 IN THE MATTER OF THE COMPLAINT FILED BY CHRISTOPHER A. CUTLER ON BEHALF OF RECREATIONAL ADVENTURES CO., HILL CITY, SOUTH DAKOTA, AGAINST AT&T COMMUNICATIONS OF THE MIDWEST, INC. REGARDING FAILURE TO PROVIDE SERVICE. (Staff Analyst: Mary Healy, Staff Attorney: Karen Cremer.)
Steven Weigler, representing AT&T, requested withdrawal of AT&T's Motion for Summary Judgment and requested that the Motion to Dismiss be granted. Dick Gregerson, representing AT&T, also stated that South Dakota case law prohibits administrative agencies from assuming jurisdiction over cases that involve merely the interpretation of private contracts. Meredith Moore, representing Christopher A. Cutler, on behalf of Recreational Adventures Co., argued that the determination that the special access service is an interstate service does not in and of itself preempt state jurisdiction. She also argued there is a consumer telecommunication service issue that is clearly within the jurisdiction of the Commission and requested that AT&T's motion be denied. Chairman Burg recommended that action be deferred to provide time for the parties to provide additional legal authorities requested by the Commission. Action was deferred.