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South Dakota Public Utilities Commission Meeting

Friday, October 8, 2004 at 10:00 A.M. CST

DDN - CapA, State Capitol Building, Pierre, South Dakota

DDN - South Dakota School of Mines & Technology, Rapid City, South Dakota


Chairman Bob Sahr called the meeting to order. Also present were Vice-Chairman Gary Hanson; Commissioner Jim Burg; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Staff Attorneys Rolayne Ailts Wiest and Karen Cremer; and Staff Analysts Harlan Best, Steve Wegman and Michele Farris.

Also present were Denny Duncan, Verizon Wireless; Rich Coit, South Dakota Telecommunications Association; Brett Koenecke representing Midcontinent Communications; Tom Simmons, Midcontinent Communications; and Talbot Wieczorek, Western Wireless.


1. RM04-001 In the Matter of the Petition of Midcontinent Communications to Amend ARSD 20:10:33:19. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)

Ms. Wiest explained a suggested change made in order to clarify the proposed rule change in 20:10:33:11.

Chairman Sahr moved to amend 20:10:33:11 as recommended by Staff. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.

Ms. Cremer discussed the various options available based upon comments made on the proposed rule change in 20:10:33:19. She recommended that the Commission do nothing with the proposed rule change at this time. She further recommended that staff and the industry continue to work together to clarify the language. Ms. Cremer also explained that it was Staff's opinion that the current waiver that Midcontinent is working under should be effective indefinitely.

Brett Koenecke and Rich Coit agreed that the Midcontinent waiver, as it reads, should be effective without expiration until such time as the Commission amends the rule in question. They also agreed with Staff that the various parties should work together to come to a common understanding in order to develop a rule that is both competitively and technologically neutral.

Chairman Sahr moved to take no action on the proposed rule amendment for 20:10:33:19 at this time. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3 - 0.

Meeting adjourned.


Tina Douglas

Administrative Secretary