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South Dakota Public Utilities Commission Meeting
May 14, 2012, at 10:00 a.m. CDT
Room 412, Capitol Building
Pierre, South Dakota

MINUTES OF THE AD HOC COMMISSION MEETING

Chairman Chris Nelson called the meeting to Order. Commission Counsel: Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorney: Karen Cremer; and Staff: Demaris Axthelm.

Also present were: Bill Van Camp, Olinger, Lovald, McCahren & Reimers, P.C., representing AT&T Communications of the Midwest, Inc.; Rich Coit, South Dakota Telecommunications Association; and Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Local Exchange Carriers Association.

Joining the meeting by telephone were: Commissioners: Kristie Fiegen and Gary Hanson; Scott Swier, Swier Law Firm, representing Native American Telecom, LLC;  Meredith Moore, Cutler & Donahoe, LLP, representing Midstate Communications, Inc.;   Scott Knudson, Briggs and Morgan, PA., representing Sprint Communications Company, LP; Todd Lundy, Qwest Corporation dba CenturyLink QC; Kathy Ford, Davenport, Evans, Hurwitz, & Smith LLP,  representing Midcontinent Communications.

Telecommunications

1.     TC11-087     In the Matter of the Application of Native American Telecom, LLC for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota (Staff Analyst: Chris Daugaard, Staff Attorney: Karen Cremer)

A lengthy discussion took place regarding Docket TC11-087. The transcript can be found on the PUC website under Commission Actions: Commission Minutes: 2012 - http://puc.sd.gov/commission/minutes/2012/transcript051712tc09-098.pdf. An audio of the discussion can be found on the PUC Web site under Commission Actions; Commission Meeting Archives; 2012; May 14, 2012, Hearing for Docket TC11-087, recording located at: http://puc.sd.gov/commission/media/puc05142012.mp3. 

     Commissioner Nelson moved to deny the subpoena based on the authority granted in ARSD 20:10:01:17.01 Commissioner Nelson stated that the subpoena did not give all the affected parties due process rights to object or be heard and the Commission has a specific rule ARSD 20:10:01:43 that allows anyone to seek access to confidential information while preserving the due process rights for those affected. Motion carried 3-0.

There being no further business, at the hour of 10:33 a.m. the South Dakota Public Utilities Commission meeting adjourned.

 

/S/Joy Irving
Joy Irving
Administrative Assistant
puc@state.sd.us
May 14, 2012