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South Dakota Public Utilities Commission Meeting
April 5, 2011, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota


Chairman Steve Kolbeck called the meeting to Order. Present were: Vice Chair Gary Hanson and Commissioner Chris Nelson; Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorney: Karen Cremer; Staff Analysts: Dave Jacobson, Bob Knadle, and Chris Daugaard; and Staff: Deb Gregg and Demaris Axthelm.

Also present were: Scott Knudson, Briggs and Morgan, and Tom D. Tobin, Tobin Law Office,  representing Sprint Communications Company, LP; Darla Pollman Rogers, Riter, Rogers, Wattier and Northrup, representing South Dakota Network LLC and Midstate Communications; Rich Coit, South Dakota Telecommunications Association; Bill Malcom, MISO; and Bill Van Camp, Olinger, Lovald, McCahren, & Reimers, PC, representing AT&T.

Joining the meeting by telephone was: Scott Swier, Swier Law Firm, Prof. LLC, representing Native American Telecom, LLC.

(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)


1.     Approval of the Minutes of the Commission Meeting and Hearing for NG11-001 Held on March 8, 2011, and the Ad Hoc Commission Meeting Held on March 18, 2011. (Staff: Seanna Regynski)

     Commissioner Hanson moved to approve the minutes of the hearing for NG11-001 held on March 8, 2011, and the Ad Hoc Commission Meeting Held on March 18, 2011. Motion passed 3-0.

Consumer Reports

1.     Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)  

Ms. Deb Gregg, Consumer Affairs, reported that the Commission received a total of 94 contacts since the last report was prepared for the March 22, 2011, Commission meeting.

34 of the contacts involved telecommunication services, 14 of the contacts involved electrical services, 5 contacts involved natural gas service, 11 contacts involved cell phone service, 17 contacts were related to the Do Not Call Registry, 1 contact was concerning the One Call System and 12 contacts were related to issues not regulated by the PUC.

638 of the 674 complaints received in 2011 have been resolved.


1.     TC11-008     In the Matter of the Application of GC Pivotal, LLC for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)
GC Pivotal, LLC applied for a certificate of authority to provide interexhange telecommunications services and local exchange services in South Dakota on February 25, 2011. There were no interveners in this docket. Mr. David Jacobson, Staff Analyst, stated the Commission currently has two certificated companies operating in the state which will return their certificates of authority and which are transferring their customers over to GC Pivotal, LLC as a result of the reorganization discussed in the filing. There are eight data only customers that will be transferred to GC Pivotal and they will be properly noticed of the change in providers. Staff recommends approval of the application with the condition that the applicant be restricted from offering prepaid cards or collecting advance payments or deposits and with rural safeguards.

     Commissioner Kolbeck moved to grant GC Pivotal, LLC's certificate of authority with recommendations of Staff. Motion carried 3-0.

2.     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)

A lengthy discussion took place regarding NAT's Motion to Stay and Motion to Dismiss. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2011, April 5, 2011, recording located at:

     Commissioner Nelson moved to deny NAT's Motion to Stay. Motion carried 3-0.

     Commissioner Hanson moved to defer NAT's Motion to Dismiss. Motion carried 3-0.

There being no further business, at the hour of 10:50 a.m. the South Dakota Public Utilities Commission meeting adjourned. The next Commission meeting is scheduled for April 19, 2011.


/S/ Seanna Regynski       
Seanna Regynski
Administrative Secretary
April 5, 2011