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South Dakota Public Utilities Commission Meeting
August 10, 2010, at 1:00 P.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Dusty Johnson called the meeting to Order. Present were: Commission Attorneys John Smith and Rolayne Wiest; Commission Advisor Greg Rislov; Staff Attorneys Karen Cremer, Kara Semmler, and Ryan Soye; Staff Analysts Bob Knadle and Dave Jacobson; and Administrative Secretary Demaris Axthelm.
Also present were: Judith Roberts, DeMersseman Jensen Christianson Stanton & Huffman, representing Crow Creek Tribal Utility Authority; Darla Pollman Rogers, Riter Rogers Wattier & Northrup, representing Golden West Communications Cooperative, Inc., Midstate Telecom Inc, City of Faith Municipal Telephone Company, Cheyenne River Sioux Tribe, and McCook Cooperative Telephone Company; Rich Coit, South Dakota Telecommunication Association; Bill Van Camp, Olinger, Lovald, McCahren & Reimers, representing AT&T Communications of the Midwest; David Gerdes, May Adam Gerdes & Thompson, representing Midcontinent Communications; Mary Lohnes, Midcontinent Communications; Larry Sorensen, Knology; and Rod Bowar, Kennebec Telephone Company.
Joining the meeting by telephone were: Commissioners Steve Kolbeck and Gary Hanson; Greg Hart, Jefferson Telephone Company; Cheryle Gering and Scott Knudson, Sprint Communications Company; Scott Swier, Swier Law Office, representing Native American Telephone; Tim Ecklund and Darrell Gomarko, Consorita Consulting; Denny Law, Golden West Telecommunications Cooperative, Inc.; Tracy Brandemer and Jerry Heiberger, Interstate Telecommunications Cooperative, Inc.; Debbie Brown, City of Faith Municipal Telephone Company; Bryan Roth, McCook Cooperative Telephone Company; Felix Boccucci, Knology Community Telephone, Inc. and Knology of the Black Hills, LLC; Deborah Fasciano, Citizens Telecommunications Company of Minnesota, LLC; Talbot Wieczorek, Gunderson Palmer Goodsell and Nelson, representing Alltel Communications, LLC; Mona Thompson and JD Williams, Cheyenne River Sioux Tribe; and Jeff Larson, Santel Communications Cooperative Inc.
(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)
Chairman Johnson announced that Commissioners and Staff will meet with representatives of Otter Tail Power Company at 10:30 a.m. CST on August 18, 2010, in Room 413 of the State Capital to discuss the Company's integrated resource plan.
Consumer Reports
- Status Report on Consumer Utility Inquiries and Complaints received by the Commission. (Consumer Affairs: Deb Gregg)
Ms. Kara Semmler, Staff Attorney, reported that the Commission received a total of 114 contacts since the last report was prepared for the July 27, 2010, Commission Meeting. 30 contacts involved telecommunications services; 22 contacts involved electrical services; 4 contacts involved natural gas services; 6 contacts involved cell phone services; 38 contacts were related to the Do Not Call registry; 2 contacts was related to the Grain Warehouse division; 2 contacts was related to the Keystone XL Pipeline; and 10 contacts involved issues not regulated by the Public Utilities Commission. In 2010, 1,719 of the 1,756 complaints registered have been resolved.
Telecommunications
Mr. Dave Jacobson, Staff Analyst, stated that Pay Tel Communications, Inc, (Pay Tel) is seeking a certificate of authority to provide alternative operator services on a resale basis in South Dakota. Pay Tel is seeking a waiver of ARSD 20:10:24:05 (3), (5), (6), (7), (11), and parts C and D of (4). Mr. Jacobson stated that Staff recommended granting the requested waivers and approval of the certificate of authority with the condition that Pay Tel provide a $25,000 bond. Mr. Jacobson stated that Pay Tel has agreed to the bond requirement and has already submitted the bond to the Commission.
Commission Hanson moved to grant Pay Tel waivers of ARSD 20:10:24:05 (3), (5), (6), (7), (11)V, and parts C and D of (4) and to approve the Certificate of Authority to provide alternative operator service in South Dakota with a $25,000 bond requirement. Motion passed 3-0.
A lengthy discussion took place between all parties involved and the Commission regarding the Motions before the Commission.
Commissioner Hanson moved to have the parties provide briefs for the Motion to Dismiss and the Motion to Stay at the same time, following the briefing schedule set forth by Native American Telephone. Motion passed 2-1. Johnson dissenting.
Ms. Darla Pollman Rogers, representing Cheyenne River Sioux Tribe, asked the Commission to approve the agreement between the two parties. Ms. Semmler stated the agreement was properly filed, properly executed and does not appear to contain discriminatory provisions. No comments were filed and Ms. Semmler recommended approval of the agreement.
Vice Chairman Kolbeck moved to approve the Interconnection, Transport and Termination Agreement between Cheyenne River Sioux Tribe and Alltel Communications, LLC. Motion passed 3-0.
Mr. Jacobson stated that Staff recommended approval of the certificate of authority to provide facilities-based and resold interexchange service in South Dakota with no bond requirements or restrictions.
Chairman Johnson moved to approve the Certificate of Authority to TDS Long Distance Corporation to provide facilities-based and resold interexchange service in South Dakota. Motion passed 3-0.
5. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC10-025, TC10-030, TC10-041, TC10-045, TC10-050, TC10-060, TC10-062, TC10-063, TC10-0699, and TC10-079.
Commissioner Hanson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Jefferson Telephone Company. Motion passed 3-0.
TC10-030 - In the Matter of the Request of Kennebec Telephone Company for Certification Regarding Its Use of Federal Universal Service Support. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)
Chairman Johnson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Kennebec Telephone Company. Motion passed 3-0.
Ms. Rogers, representing Golden West Telecommunications Cooperative (Golden West), stated that Golden West merged all the subsidiaries of the company under the parent company, Golden West. The filing did continue to use study areas to define the service areas of each location.
Vice Chairman Kolbeck moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Golden West Telecommunications Cooperative, Inc. Study Area Codes: 391640, 391689, 391667, 391677, 391684 and 391686. Motion passed 3-0.
Chairman Johnson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Interstate Telecommunications Cooperative, Inc. Motion passed 3-0.
Vice Chairman Kolbeck moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for City of Faith Municipal Telephone Company. Motion passed 3-0.
Commission Hanson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for McCook Cooperative Telephone Company. Motion passed 3-0.
Vice Chairman Kolbeck moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Knology Community Telephone Company. Motion passed 3-0.
Commissioner Hanson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Knology of the Black Hills, LLC. Motion passed 3-0.
Chairman Johnson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Midcontinent Communications. Motion passed 3-0.
Chairman Johnson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Santel Communications Cooperative. Motion passed 3-0.
Mr. Jacobson stated that Staff recommended granting the waiver for one year and granting the certification regarding its use of federal universal service support.
Chairman Johnson moved to grant the waiver of ARSD 20:10:32:56 and to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Citizens Telecommunications Company of Minnesota, LLC. Motion passed 3-0.
There being no further business, at the hour of 2:31 p.m. the South Dakota Public Utilities Commission Meeting adjourned. The next Commission Meeting is scheduled for August 25, 2010.
/S/Stephanie Harmon
Stephanie Harmon
Administrative Secretary
September 14, 2010
