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South Dakota Public Utilities Commission

WEEKLY FILINGS
For the Period of November 1, 2001 through November 7, 2001

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


CT01-049 In the Matter of the Complaint filed by Ida Lagge, Scotland, South Dakota, against MCI WorldCom Regarding Unauthorized Switching of Services.

Complainant states that she continuously receives calls from MCI asking her to change her long distance service to MCI. Each time Complainant states that she told the caller that she did not want to change providers. To Complainant's knowledge, she did not change her long distance provider to MCI. Complainant became aware that her long distance had been changed when she attempted to make a long distance call and she had no long distance service on her line. Complainant requests that the Commission review the tape of her conversation with the MCI representative and put sanctions on MCI. Complainant also requests that all charges be removed and that she be awarded $1,500.00 from MCI for the undue harassment, mental anguish and the many sleepless nights they have caused her.

Staff Analyst: Mary Healy
Staff Attorney: Karen Cremer
Date Docketed: 11/06/01
Intervention Deadline: N/A

CT01-050 In the Matter of the Complaint filed by Margaret Underwood, Pierre, South Dakota, against Talk America, Inc. Regarding Failure to Cancel Telecommunications Services.

Complainant states that she is receiving unauthorized billings by Talk America, Inc. Complainant further states that the company told her that they would remove the monthly charge and refund her money, but on the next bill she was charged again and not given a refund. Complainant states she wants the account closed and a complete refund of all charges.

Staff Analyst: Charlene Lund
Staff Attorney: Kelly Frazier
Date Docketed: 11/07/01
Intervention Deadline: N/A


ELECTRIC


EL01-026 In the Matter of the Filing by Otter Tail Power Company for Approval of an Electric Service Agreement for the Supply of Bulk Interruptible Power between Otter Tail Power Company and Valley Queen Cheese Factory, Inc.

On November 2, 2001, the Commission received a filing from Otter Tail Power Company in accordance with South Dakota Codified Law 49-34A. The Agreement is entered into pursuant to Otter Tail's Bulk Interruptible Service Tariff, as on file with the Commission.

Staff Analyst: Dave Jacobson
Staff Attorney: Kelly Frazier
Date Docketed: 11/02/01
Intervention Deadline: 11/23/01


EL01-027 In the Matter of the Filing by Otter Tail Corporation Regarding its Notification of Intent to Apply for a Permit for an Energy Conversion Facility.

The Commission has received a notification of intent to submit an application for a Permit for an Energy Conversion Facility from Otter Tail Power Company. The Notice of Intent describes the proposed facility, the projected costs, the social and economic impact from the proposed project, a list of the chairpersons in the affected area, and the timeline of the project.

Staff Analyst: Michele Farris
Staff Attorney: Karen Cremer
Date Docketed: 11/05/01
Intervention Deadline: 11/30/01

EL01-028 In the Matter of the Filing by Otter Tail Power Company for Approval of its Updated Customer Information Brochure.

Application by Otter Tail Power Company requesting approval of revisions to its customer information sign and customer information brochure. The proposed revisions include a new customer information telephone number and web site address, relocation of certain information, changes to the section explaining to customers how to read their bill, and certain grammatical changes.

Staff Analyst: Heather Forney
Staff Attorney: Kelly Frazier
Date Docketed: 11/06/01
Intervention deadline: 11/23/01


TELECOMMUNICATIONS


TC00-191 In the Matter of the Filing by Qwest Corporation for Approval of its Statement of Generally Available Terms and Conditions.

On November 22, 2000, Qwest Corporation filed its original Statement of Generally Available Terms and Conditions (SGAT) with the Commission pursuant to Section 252(f) of the Telecommunications Act of 1996 (the Act). A December 12, 2000, meeting, the Commission granted intervention to AT&T Communications of the Midwest, Inc., McLeodUSA Telecommunications Services, Inc. and Midcontinent Communications. The Commission on January 17, 2001, voted to not approve or disapprove Qwest's SGAT at that time o allow it to go into effect pursuant to 47 U.S.C. Section 252(f). On November 5, 2001, Qwest filed an updated SGAT which "is generally intended to be consistent with the Seven State Process Facilitator's recommendations, with the exception of those recommendations that Qwest has challenged in individual state commissions....The current filing also incorporates language related to the same checklist items that the parties have agreed to, or that was required, in other states." Qwest requests that the Commission consider this SGAT "as the baseline document for any further proceedings in this docket. Qwest respectively requests that the Commission allow this version of the SGAT to go into effect within 60 days, pursuant to Section 252(f)(3)(B) of the Act."

Commission Contact: Deb Elofson
Date Filed: 11/05/01
Intervention Deadline: 11/21/01

TC01-167 In the Matter of American Telecommunications Enterprise, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-168 In the Matter of Cash Back Rebates LD.com f/k/a Common Concerns, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-169 In the Matter of CRG International, Inc. d/b/a Network One's Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-170 In the Matter of Enhanced Communications Network, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-171 In the Matter of erbia Network, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-172 In the Matter of Internet Telephone Company's Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-173 In the Matter of JATO Operating Two Corp.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-174 In the Matter of LDC Telecommunications, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-175 In the Matter of NewPath Holdings, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-176 In the Matter of Ozark Telecom, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-177 In the Matter of PAM Oil, Inc. d/b/a PAM Communications' Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-178 In the Matter of PNV, Inc. f/k/a PNV.net, Inc. f/k/a Park 'N View, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-179 In the Matter of ServiSense.com, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-180 In the Matter of SouthNet Telecomm Services, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-181 In the Matter of Special Accounts Billing Group, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-182 In the Matter of Telera Communications, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-183 In the Matter of Telicor Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-184 In the Matter of Telscape USA, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-185 In the Matter of Teltrust Communications Services, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-186 In the Matter of TotalAxcess.com, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-187 In the Matter of Vee Em, Inc. f/k/a Speer Virtual Media, Ltd.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

TC01-188 In the Matter of Xtracom, Inc.'s Failure to Submit a Report and Pay the Gross Receipts Tax.

The above companies shall appear on 12/12/01, at 3:00 p.m. in the Cactus Conference Room, State Capitol Building, Pierre, SD, to show cause why action should not be taken against the company for failure to comply with SDCL Chapter 49-1A.

Deputy Executive Director: Sue Cichos
Staff Attorney: Karen Cremer
Date Docketed: 11/07/01
Hearing Date: 12/12/01

TC01-189 In the Matter of the Filing for Approval of a Reciprocal Transport and Termination Agreement between Brookings Municipal Utilities d/b/a Swiftel Communications and McLeodUSA Telecom Development, Inc. and Dakota Community Telephone, Inc.

On November 7, 2001, a filing for approval of a reciprocal transport and termination agreement between Swiftel Communications (Swiftel) and McLeodUSA Telecom Development, Inc.(McLeod) and Dakota Community Telephone, Inc. (Dakota Telephone) was received by the Commission. According to the parties the Agreement is a negotiated agreement whereby the parties extend arrangements to one another allowing for the transport and termination of wireline to wireless and wireless to wireline traffic over each other's network and between each other's subscribers. McLeod and Dakota Telephone agree to offer these services to Swiftel as a CMRS. The parties also wish to establish an arrangement that compensates McLeod and Dakota Telephone for transiting traffic that originates on Swiftel's network and terminates on a third carrier's network. Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than November 27, 2001. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.

Staff Attorney: Kelly Frazier
Date Docketed: 11/07/01
Initial Comments Due: 11/27/01

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