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South Dakota Public Utilities Commission
WEEKLY FILINGS
For the Period of August 3, 2000 through August 9, 2000
If you need a complete copy of a filing faxed, overnight expressed, or mailed to you, please contact Delaine Kolbo within five business days of this filing. Phone: 605-773-3705 Fax: 605-773-3809
CONSUMER COMPLAINTS
The complainant alleges that EqualNet Corporation (EqualNet) switched his long distance services without authorization in September, 1999. Complainant further alleges that he attempted to cancel EqualNet services in February, 2000, to no avail. Complainant is requesting that EqualNet be required to credit the charges for the calls as EqualNet had earlier promised it would do; to reimburse him for the amount paid them for the previous re-rate, the amount of $70.27; and to compensate him for the time taken to resolve the matter or any other remedy allowable by law so EqualNet discontinues this practice.
Staff Analyst: Charlene Lund
Staff Attorney: Karen Cremer
Date Docketed: 08/08/00
Intervention Deadline: N/A
Complainant alleges that on May 19, 2000, she set up new service and temporarily chose Sprint as her long distance carrier. The next day, May 20, 2000, she changed her carrier to AT&T. Sprint sent Complainant a phone card and Complainant called Sprint to ask why they sent it to her. She states that Sprint insisted she was a customer despite her local company's indication that she had been an AT&T customer since May 22, 2000. Complainant is asking the Commission to require Sprint to re-rate her charges consistent with her AT&T plan and to reimburse her for the additional charges billed by Sprint.
Staff Analyst: Leny Healy
Staff Attorney: Karen Cremer
Date Docketed: 08/08/00
Intervention Deadline: N/A
ELECTRIC
EL00-022 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions.
MidAmerican Energy filed an application for approval of a revision to its South Dakota Public Utilities Commission Electric Tariff No. I, Section No. 6, characterized as 3rd Revised Sheet No. 2. The revision proposes to update the back of its standard bill form, Sheet No. 2. MidAmerican proposes an effective date of September 12, 2000.
Staff Analyst: Michele Farris
Staff Attorney: Karen Cremer
Date Docketed: 08/08/00
Intervention Deadline: 08/25/00
TELECOMMUNICATIONS
Uni-Tel Communications Group, Inc. is seeking a Certificate of Authority to provide interexchange telecommunication services in South Dakota. The applicant intends to provide outbound and inbound telecommunication services, directory assistance services and calling card services through resale.
Staff Analyst: Keith Senger
Date Docketed: 08/03/00
Intervention Deadline: 8/25/00
A third amendment to the interconnection agreement between McLeodUSA Telecommunications Services, Inc. and Qwest Corporation (formerly U S WEST Communications, Inc.) has been filed with the Commission. The Commission approved the original interconnection agreement between the two providers in Docket TC99-057. The Third Amendment will add terms, conditions and rates for Load Coils/Bridge Taps and DS3 Capable Loop to the original agreement. Any party wishing to comment on the third amendment may do so by filing written comments with the Commission and the parties to the amendment no later than August 2 8, 2000. Parties to the amendment may file written responses to the
comments no later than twenty days after the service of the comments.
Staff Attorney: Karen Cremer
Date Docketed: 08/08/00
Intervention Deadline: 08/25/00
Telcorp, Ltd. is seeking a Certificate of Authority to provide interexchange telecommunication services in South Dakota. The applicant is a switch-based reseller who intends to offer 1+ and 101XXXX outbound dialing, Toll-Free inbound dialing and travel card/calling card services.
Staff Analyst: Heather Forney
Date Docketed: 08/09/2000
Intervention Deadline: 08/25/00
Essex Communications, Inc. d/b/a eLEC Communications is seeking a Certificate of Authority to provide interexchange and local exchange telecommunication services in South Dakota. The applicant intends to provide inbound and outbound resold long distance telecommunication services as well as facilities-based local exchanges services to residential and business customers in South Dakota.
Staff Analyst: Keith Senger
Date Docketed: 08/09/2000
Intervention Deadline: 08/25/00
SPECIAL NOTICE
Notice of Agreement Between State Commissions and Qwest Communications To Conduct Collaborative Workshops to develop a Post-271 Entry Performance Assurance Plan and Notice of Opportunity to Participate.
See Below
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Date: August 8, 2000
TO: Interested Persons
SUBJECT: Notice of Agreement Between State Commissions and Qwest Communications To Conduct Collaborative Workshops to develop a Post-271 Entry Performance Assurance Plan and Notice of Opportunity to Participate.
In response to a request from ROC Chairman Ed Garvey and OSS Executive Committee Chairman Bob Rowe, the state commissions of 11 of the 14 states served by Qwest, formerly U S WEST Communications, Inc., agreed to participate in collaborative workshops to develop a Post 271 entry Performance Assurance Plan.1 In filings with most of the 14 States it serves, Qwest asked each state to consider the use of workshops or other collaborative processes for the consideration of at least some of the issues involved in the Company's current and future Section 271 filings. Qwest referenced the ROC 13 state regional testing of its Operational Support Systems (ROC OSS test), and indicated a desire to use regional or cooperative approaches in the consideration of some of the 14 point checklist items not addressed in the ROC OSS test.
An important aspect of 271 approval is the development of anti-backsliding incentives, or a post-271 performance plan. Such a plan developed in a multi-state forum would incorporate the performance measures already being developed in Qwest OSS testing efforts and would be designed to ensure the local market remains fully and irreversibly open after 271 approval has been granted. Furthermore, support for a regional post-271 performance plan effort has come from participants in the ROC OSS testing effort, due in part to the success that effort is currently having.
In its order approving Bell Atlantic's 271 application in New York, as well as its orders denying previous applications, the FCC has clearly indicated that a successful 271 application must have mechanisms in place to ensure that the efforts the RBOC has taken to open up the market are maintained after 271 approval. To date, the mechanism used in states reviewing 271 compliance has been performance assurance plans, or anti-backsliding plans. Such plans include performance requirements in a number of operational areas, including detailed descriptions of how such requirements are measured. They also identify the self-enforcing penalties to be imposed upon the company should it fail to meet the performance requirements.
Most, if not all, of the performance measurements that would be included in any post-271 performance plan duplicate those being developed in the ROC OSS test, which will provide a short-term, snapshot view of the company's performance. The post-271 performance plan will address ongoing performance, and whether the short-term performance demonstrated through the OSS tests is being maintained. In addition, regional collaboration on backsliding issues should foster many of the same benefits as the ROC OSS test including more uniform service standards within the Qwest region, more efficient use of state and industry staff resources, and increased cooperation among the various parties.
Qwest has agreed to pay for new contracts between participating ROC states and the consultants currently working on the ROC OSS test, MTG and NRRI, to conduct a multi-state process to develop a post-271 performance plan. These efforts would run in parallel to the OSS tests, but would be kept as separate work efforts, due to the different natures of the final products.
A process similar to that used by the OSS testing collaborative is proposed for establishing the post-271 performance plan. Drafting will begin with the identification of high level principles and work towards a detailed document that could be endorsed by the parties to the collaboration. Parties are encouraged to participate through open meetings, conference calls, and written comments. An aggressive but manageable timetable created with the assistance of the collaborative would govern the work. Finalization and implementation of the performance measures used in the ROC OSS test are nearing completion, and auditing of these measures in the ROC process has begun. The second effort, on performance assurance will begin this fall, with preliminary conference calls beginning in August, and run in parallel to the OSS testing efforts.
Although the ROC collaborative effort cannot bind state commissions, it is expected that Qwest, as well as state Commissions and CLECs participating in these workshops comment and negotiate in good faith with the expectation that any anti-backsliding or post-271 performance plan resulting from the collaborative process will be considered by the state commissions in Qwest's individual state 271 filings.
State commissions invite participation in this effort by all interested parties. For ease of administration, we encourage parties to consolidate their participation. If your organization is interested in participating in the collaborative, you should register at http://psc.state.mt.us/scripts/porlist/post271-all.asp. All fields must be completed. A welcome/ initial conference call for participants will be held on Monday, August 21, 2000 at 12:00 MDT. More information, including the call in number, will be sent to participants via an email distribution list that will be created from registrations to the web site.
If you have any questions, you may contact Bob Center, at bcenter@mtgconsulting.com, (530) 477-1770, Frank Darr, of NRRI, at darr.1@osu.edu, (614) 688-5473 or Wendy Fuller, wfuller@br.state.ut.us, (801) 530-6775.
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1 The states that will participate are Colorado, Idaho, Iowa, Nebraska, North Dakota, Montana, Oregon, South Dakota, Utah, Washington, and Wyoming. New Mexico may monitor the process. Minnesota and Arizona declined the invitation to be involved at this time.